- 1 - HC-KAR NC: 2026:KHC:13606 CRL.P No. 712 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 712 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: BHERARAM S/O. KONAJI AGED ABOUT 28 YEARS R/A. THIRUMALA PG 2ND STAGE, 7TH PHASE, NEAR HOME NEEDS SUPER MARKET, BTM LAYOUT, BENGALURU – 560 076 NATIVE OF PAHADPURA VILLAGE JALURU TALUK AND DISTRICT RAJASTHAN. …PETITIONER (BY SRI. G RAKESH RAJ.,ADVOCATE) AND: STATE OF KARNATAKA BY CITY MARKET P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT COMPLEX, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13606 CRL.P No. 712 of 2026 BENGALURU – 560 001. …RESPONDENT (BY SRI. RANGASWAMY.R., HIGH COURT GOVENRMENT PLEADER) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO KINDLY ENLARGE HIM ON BAIL IN S.C NO.1401/2025 OF CRIME NO. 170/2020 REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTION 399, 402 OF IPC REGISTERED BY RESPONDENT CITY MARKET POLICE STATION, PENDING BEFORE LIII ADDITIONAL CITY CIVIL SESSIONS SPECIAL JUDGE, BENGALURU, (CCH-62) BENGALURU CITY, C/C LXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-62) THE LIII ADDITIONAL CITY CIVIL SESSIONS SPECIAL JUDGE, BENGALURU, C/C LXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-62) C/C. LXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALUEU (CCH-62), BENGALURU CITY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13606 CRL.P No. 712 of 2026 ORAL ORDER 1. The petitioner/accused No.1 is before this Court seeking for grant of regular bail in Crime No.170/2020 of respondent-police for the offence under Sections 399 and 402 of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, on 10.11.2020 at about 07.15 p.m., the complainant had received a message stating that 5-6 persons were holding the deadly weapons in their hands and they were planning to commit robbery of the street vendors/passerby. On receiving the said information, the complainant and his staff went to the spot and apprehended the petitioner and others. After conducting the investigation, submitted the charge sheet. 3. Heard Sri.G.Rakesh Raj, learned counsel for the petitioner and Sri.Rangaswamy R., learned High Court Government Pleader for respondent No.1-State. - 4 - HC-KAR NC: 2026:KHC:13606 CRL.P No. 712 of 2026 4. It is the submission of the learned counsel for the petitioner that, a false case has been registered against the petitioner. The petitioner is innocent of the alleged offences. He is in judicial custody from the date of his arrest. The alleged offences are neither punishable with death nor imprisonment for life. Hence, he may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 5. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner and others were waiting to commit robbery of innocent people who were travelling in the city market area. The complainant and others in order to prevent further complications, apprehended the petitioner and others. If the petitioner is enlarged on bail, there may be chances of absconding from the case as the petitioner belongs to Rajasthan State. Therefore, it is not appropriate to grant him bail. 6. Having heard the learned counsel for the respective parties and perused the averments of the - 5 - HC-KAR NC: 2026:KHC:13606 CRL.P No. 712 of 2026 complaint, it would indicate that the alleged offences under Sections 399 and 402 of IPC. The allegations against the petitioner is that 5-6 persons were holding deadly weapons in their hands and waiting to commit robbery in the early hours. 7. Having considered the nature and the gravity of the offences, I am of the considered opinion that the present petitioner may be enlarged on bail by imposing suitable conditions, those conditions would take care of the apprehension of the prosecution. 8. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail Crime No.170/2020 of respondent-police for the offence under Sections 399 and 402 of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One - 6 - HC-KAR NC: 2026:KHC:13606 CRL.P No. 712 of 2026 Lakh only) with one local surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not leave the jurisdiction till disposal of the case. (vi) The petitioner shall not indulge in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. NR/-, List No.: 1 Sl No.: 38 Sd/- (S RACHAIAH) JUDGE