- 1 - HC-KAR NC: 2025:KHC:26433 CRL.P No. 9429 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.9429 OF 2025 BETWEEN: MOHAMMAD ANSAR S/O ISMAIL AGED ABOUT 27 YEARS, R/AT NO.3-106/3, NEAR ASHWATHA KATTE, BAJAL JALLIGUDDE, MANGALURU, D.K. DISTRICT. PRESENTLY R/AT MEENU VILLA 2ND CROSS, MEGHA NAGARA ALAPE, PADIL, MANGALURU D.K. DISTRICT-575 007. …PETITIONER (BY SRI LETHIF B., ADVOCATE) AND: THE STATE OF KARNATAKA BY VITLA POLICE STATION, D.K. DISTRICT REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001. …RESPONDENT (BY SRI RANGASWAMY R., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.2/2025 (C.C.NO.822/2025) OF VITLA POLICE STATION, FOR THE OFFENCE P/US/ 62, 310(2), 351(2) OF BNS PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC BANTWAL, D.K., DISTRICT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26433 CRL.P No. 9429 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.9 in Crime No.2/2025 registered by Vitla Police Station, Dakshina Kannada, for the offences punishable under Sections 62, 310(2) and 351(2) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.2/2025 was registered by Vitla Police Station, Dakshina Kannada, initially for the offences punishable under Sections 319(2) and 318(4) of IPC against unknown six persons based on the first information dated 04.01.2025 received from Mahammad Ikbal S/o Haji N. Sulaiman. During the course of investigation, petitioner herein was arrested on 15.02.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has now been filed against 13 persons and petitioner is arraigned as accused No.9 in the charge sheet. His bail application filed before the - 3 - HC-KAR NC: 2025:KHC:26433 CRL.P No. 9429 of 2025 jurisdictional Sessions Court in Crl.Misc.No.363/2025 was rejected on 03.06.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner has no other criminal antecedents and he is in custody from 15.02.2025. The allegations as against him in the charge sheet is about conspiring with other accused persons to commit the crime. There is no recovery from the petitioner except his mobile phone. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that petitioner has conspired with other accused persons to commit the crime and he also had given information about the location of the house of first informant to other accused persons. Accordingly, he prays to dismiss the petition. 6. In the first information submitted on 04.01.2025 by Mahammad Ikbal, it is alleged that six unknown persons arrived to his house in Ertiga Car bearing Tamilnadu registration number and the inmates of the car introduced themselves as officers of Enforcement Directorate and also informed the inmates of the house that they were authorized to - 4 - HC-KAR NC: 2025:KHC:26433 CRL.P No. 9429 of 2025 search the house since they had information that illegal money stocked in the house. Thereafter, they had snatched the mobile phone of the inmates of the house and after searching the entire house, they allegedly took away Rs.25 lakhs to Rs.30 lakhs from the said house informing them that the said money can be claimed from their office at Bengaluru. It is under these circumstances, FIR was registered against unknown persons. During the course of investigation, some of the accused were arrested in the present case and after completing investigation, charge sheet has been filed against 13 persons and petitioner who was arrested in the present case on 15.02.2025 has been arraigned as accused No.9 in the charge sheet. 7. As per the charge sheet allegations, accused No.1 had conspired with accused Nos.4, 5, 8 to 10 to commit dacoity in the house of some rich person and in furtherance of such conspiracy, accused No.4 had forwarded the photos, sketch, location map etc., of the house of the first informant to the petitioner herein, who in turn had forwarded the same to accused No.8 and accused No.8 allegedly had forwarded the same to accused No.5, who in turn had forwarded the same to - 5 - HC-KAR NC: 2025:KHC:26433 CRL.P No. 9429 of 2025 accused No.1, who is the alleged master mind in the present crime. In the charge sheet, it is alleged that in furtherance of conspiracy, accused Nos.2, 3, 6, 11, 12 and 13 came in the Ertiga Car to the house of first informant on 03.01.2025 and committed the crime. Accused No.7, who had come in a Innova Car had parked the said car at a distance and was keeping a watch on the house and giving necessary instructions to the aforesaid accused, who had arrived to the house of the first informant in Ertiga Car. 8. In the charge sheet, it is alleged that accused persons had totally robbed a sum of Rs.48,90,000/- from the house of first informant and thereafter, robbed amount was shared by accused persons. Undisputedly, there is no recovery of any money or any other incriminating material from the petitioner except his mobile phone. The allegation against him in the charge sheet is that he had conspired with other accused persons to commit the crime and the photos, location and other particulars of the house of first informant which was forwarded by accused No.4 to the petitioner was subsequently, forwarded by petitioner to accused No.8. Except the said allegation, there - 6 - HC-KAR NC: 2025:KHC:26433 CRL.P No. 9429 of 2025 is no other allegation as against petitioner, who has no other criminal antecedents. He is in custody from 15.02.2025 onwards. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 9. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.2/2025 registered by Vitla Police Station, Dakshina Kannada, for the offences punishable under Sections 62, 310(2) and 351(2) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR NC: 2025:KHC:26433 CRL.P No. 9429 of 2025 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 74