- 1 - HC-KAR NC: 2025:KHC:51996 CRL.P No. 14156 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14156 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. RAGHU @ KULLA S/O LATE KRISHNAPPA AGED ABOUT 36 YEARS R/O No. 19, 4TH FLOOR EKALAYANAGARA, NEAR VIKR MYSURU TALUK, MYSURU – 570 001. …PETITIONER (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RURAL POLICE, HIRIYURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SC.No.58/2025 ARISING OUT OF CR.No.516/204 REGISTERED BY HIRIYUR RURAL POLICE, PENDING ON THE FILE OF THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 311, 309(6), 309(4) OF BNS, 2023. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51996 CRL.P No. 14156 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in SC No.58/2025 pending on the file of II Additional District and Sessions Judge, Chitradurga, (arising out of Cr.No.516/2024 of Hiriyur Rural Police Station) registered for offences under Sections 311, 309(6), 309(4) of BNS. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that the alleged robbery has been taken place on 13.12.2024 and the petitioner came to be arrested on 06.03.2025 and seizure of three theft articles from his possession is doubtful. The injured victim, as per averments of the complaint, has not seen him and therefore, she identifying the petitioner in the test identification parade appears to - 3 - HC-KAR NC: 2025:KHC:51996 CRL.P No. 14156 of 2025 be concocted. The petitioner is having a wife and a son, who is suffering from heart ailment. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that when petitioner has been arrested on 06.03.2025, he was carrying a bag and it contained 15 grams of mangal sutra, 40 grams mangal sutra and 3 grams ear ring and iron rod. The said articles along with the bag have been seized under mahazar. Out of that, 40 grams mangal sutra pertains to present case and 15 grams mangal sutra pertains to Cr.No.258/2024 and 3 gram ear ring pertains to Cr.No.21/2025. The petitioner is having criminal antecedents and involved in 26 cases. CW.9 to CW.17 are eye witnesses to the incident. Among them CW9 is the injured. The offence alleged against the petitioner is a heinous offence. The injured sustained grievous injury and a laceration over parietal and occipital area. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:51996 CRL.P No. 14156 of 2025 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that when CW.9 was working in the land, at that time this petitioner stated to have assaulted CW.9 with iron rod and robbed golden mangalya chain weighing 40 grams which she was wearing. The petitioner has been arrested on 06.03.2025 and three gold items were seized which he was carrying in a bag. Out of them one mangalya chain weighing 40 grams pertains to the present case. In the test identification parade, the injured and other eye witnesses have identified this petitioner. The other two articles seized from the possession of the petitioner pertains to two different crimes. CW.9 to 17 are cited in the charge sheet as eye witnesses. The petitioner is stated to be involved in 26 criminal cases. Considering the same, the petitioner is having criminal antecedents. If the petitioner is granted bail, there are chances of threatening - 5 - HC-KAR NC: 2025:KHC:51996 CRL.P No. 14156 of 2025 the prosecution witnesses and committing similar offence. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 43 Ct.sm