- 1 - HC-KAR NC: 2025:KHC:52493 CRL.P No. 13445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13445 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MOHAMMED KHALID @JAAYED ABDUL REHAMAN S/O LATE MOHAMMAD SYED AGE ABOUT 43 YEARS R/A NO 647 19TH CROSS L R NAGAR VIVEKANANDANAGARA BENGALURU 560047 PERMANENT ADDRESS DASANAHUTTI RAMPURA POST BIROORHOBLI, KADUR TALUK CHIKAMAGALURU DISTRICT - 577133. …PETITIONER (BY SRI.LAKSHMIKANTH K.,ADVOCATE) AND: 1. THE STATE REPRESENTED BY THE STATION HOUSE OFFICER MAGADI POLILCE STATION REPRESENTED BY THE STATE PUBLILC PROSECUTOR HIGH COURT OF KARNATKA BANGALORE 560001 …RESPONDENT (BY SMT.B PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52493 CRL.P No. 13445 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO PASS AN ORDER FOR GRANT OF REGULAR BAIL TO THE PETITIONER HEREIN IN CONNECTION WITH FIR REGISTERED IN CRIME NO.253/2024 BY THE POLICE PERTAINING TO MAGADI POLICE STATION, NOW PENDING IN C.C.NO.2317/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 305(a) AND 331(3) OF BNSS READ WITH SECTION 25 OF INDIAN ARMS ACT PENDING ON THE FILE OF THE HONBLE COURT OF PRINCIPAL CIVIL JUDGE (JR.Dn.) AND JUDICIAL MAGISTRATE FIRST CLASS MAGADI. 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 accused No.3 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.253/2024 of Magadi Police Station registered for the offences punishable under Sections 305, 331(3) of BNS, 2023 read with Section 25(1)(a) of Indian Arms Act, 1959 pending in CC No.2317/2025 on the file of the learned Principal Civil Judge (Jr.Dn) and JMFC, Magadi. - 3 - HC-KAR NC: 2025:KHC:52493 CRL.P No. 13445 of 2025 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State. 3. The learned counsel for petitioner would contend that, accused Nos.1, 2 and 4 have been granted bail. The petitioner was arrested in Crime No.252/2024 on 26.11.2024, and he was granted statutory bail on 09.04.2025. Immediately after his release from jail, he has been arrested on the same day in the present Crime No.253/2024. The FIR is registered against unknown persons. The voluntary statements of accused Nos.1 and 2 have been recorded. In the voluntary statement of this petitioner, he has stated that, he has been sentenced in a murder case in the year 2010. The Sessions Court rejected the bail petition of the petitioner on the ground that he has not produced any documents to show that he has been arrested immediately when he was released in other crime. The Sessions Court also rejected the bail petition on the ground that the petitioner is having criminal - 4 - HC-KAR NC: 2025:KHC:52493 CRL.P No. 13445 of 2025 antecedents and involved in twenty nine criminal cases. As the charge is filed, the petitioner is not required for custodial interrogation. The petitioner who is involved in other cases has been granted bail and he is appearing in the said cases. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, the petitioner is having criminal antecedents, and he is involved in thirty two cases. He is in the habit of committing offences immediately after he has been granted bail in the earlier cases. In the earlier cases, NBW has been issued against him. He has been convicted for the offence of murder previously in the year 2010. 5 kg 600 gram of gold has been seized from the possession of the petitioner pertaining to different cases. The statement of purchaser of gold ornaments from this petitioner has been recorded. There is a recovery of pistol at the instance of petitioner. The accused No.1 is alleged to have created a passport. The charge sheet material shows prima facie - 5 - HC-KAR NC: 2025:KHC:52493 CRL.P No. 13445 of 2025 case against the petitioner for the offences alleged against him. If he is granted bail, there are chances of threatening the prosecution witnesses and committing similar offences. With this, she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. The case of the prosecution is that on 26.09.2024 in the afternoon accused Nos.1 to 4 came in a car near the house of CW1, which was locked and while the accused Nos.2 and 4 were watching in a car, accused Nos.1 and 3 committed house breaking and stolen the golden jewelleries, and cash, which were in almirah. There is a recovery of 5 kgs 600 grams of gold from the possession of the petitioner. The petitioner is having criminal antecedent and involved in thirty two cases. - 6 - HC-KAR NC: 2025:KHC:52493 CRL.P No. 13445 of 2025 7. It is submitted by the learned Additional State Public Prosecutor for the respondent/State that the petitioner is in the habit of committing the offences every year immediately after he has been released on bail. The offence alleged against the petitioner is punishable with imprisonment which may extend to seven years. 8. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. 9. In the result, the following: ORDER The petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 1