- 1 - HC-KAR NC: 2026:KHC:9148 CRL.P No. 16575 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16575 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MAHESH M S/O MAHADEVAPPA AGED ABOUT 43 YEARS R/AT DODDATHUPURU VILLAGE KASABA HOBLI, GUNDLUPET TLAUK CHAMARAJANAGAR DISTRICT – 571 111. …PETITIONER (BY SRI SUNIL KUMAR S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY TOWN POLICE STATION CHAMARAJANAGAR REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU – 560 001. …RESPONDENT (BY SMT. WAHEEDA M M, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME No.132/2025 REGISTERED BY CHAMARAJANAGAR TOWN P.S FOR OFFENCES PUNISHABLE UNDER SECTIONS 310(2) OF BNS WHICH IS NOW PENDING IN CC No.1274/2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 310(2), 310(4), 61 OF BNS. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9148 CRL.P No. 16575 of 2025 THIS PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 5 under Section 482 of BNSS praying to grant anticipatory bail in Crime No. 132/2025 of Chamarajanagara Town Police Station registered for offences punishable under Sections 310(2), 310(4) and 61 of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that petitioner is a Police Constable and he went along with accused No. 6 to the spot. Accused No. 6 - PSI has been granted anticipatory bail. Petitioner is similarly placed to that of accused No. 6 who has been granted anticipatory bail. Therefore petitioner is entitled for grant of anticipatory bail on the ground of parity. With this he prayed to allow the petition. - 3 - HC-KAR NC: 2026:KHC:9148 CRL.P No. 16575 of 2025 4. Per contra learned HCGP would contend that petitioner being a Police Constable is involved in the alleged incident of robbery. Petitioner is required for custodial interrogation. Petitioner is having contact with accused No. 3 over phone and call record details has been secured. Petitioner being a Police Constable, instead of protecting the public against a crime, has involved in commission of crime. With this, she prayed to reject the petition. 5. Having heard learned counsel for the parties, the Court has perused the chargesheet and other materials placed on record. 6. This Court, while granting anticipatory bail to accused No. 6, has observed as under: “8. The case of the prosecution is that accused No.1 instigated the first informant to invest money on the promise of receiving double the amount invested. Believing the words of accused No.1, the first informant, along with cash of Rs.2,00,000/-, went to Room No.107 of - 4 - HC-KAR NC: 2026:KHC:9148 CRL.P No. 16575 of 2025 Delhi Darbar Hotel, Chamarajanagar, wherein four persons, along with one person in police uniform, came and took a total cash of Rs.3,00,000/- and further demanded payment of Rs.1,00,000/-. The first informant also transferred a sum of Rs.70,000/- through Google Pay to the contact number 9449576887, which stands in the name of Syed Imran, accused No.3. There is recovery of Rs.50,000/- from accused No.2 and Rs.70,000/- from accused No.3. 9. The further statement of the complainant was recorded on 13.08.2025. In that, he has stated that after coming out of the police station at about 3.30 a.m., he received a sum of Rs.3,70,000/- in cash from an unknown person, who asked him to withdraw the complaint. The charge sheet does not indicate that the first informant informing that he has received Rs.3,70,000/- immediately after filing the complaint at 03.30 a.m. to the Station House Officer. But he has stated the same on 13.08.2025 in his further statement. Even after receiving back the entire alleged robbed amount, - 5 - HC-KAR NC: 2026:KHC:9148 CRL.P No. 16575 of 2025 there is a seizure of Rs.70,000/- and Rs.25,000/- by the Investigating Officer. 10. It is submitted by the learned counsel for the petitioner that, as the complainant received back the entire robbed amount of Rs.3,70,000/- on the very day of the complaint and did not inform the same to the police immediately, which give rise to doubt regarding the bonafides of the complainant, therefore, the complaint is doubtful. The alleged transfer of Rs.70,000/- by way of Google Pay by the complainant is to the account of accused No.3. The investigation is over and charge sheet has been filed and therefore the petitioner is not required for any further custodial interrogation. The petitioner has undertaken to appear before the Trial Court and abide by any conditions to be imposed by this Court.” 7. Accused No. 6 is a PSI and he has been granted anticipatory bail. Petitioner is stated to have gone with accused No. 6 to the spot. The other allegation against the petitioner is that he had contact with accused No. 3 over the phone. Accused No. 3 has also been granted bail in - 6 - HC-KAR NC: 2026:KHC:9148 CRL.P No. 16575 of 2025 Crl.P. No. 16387/2025 by order dated 11.02.2026. Now investigation is over and charge sheet has been filed. Therefore, petitioner is not required for custodial interrogation. Petitioner has undertaken to appear before the trial Court and abide by any conditions to be imposed by this Court. 8. Considering the above aspects petitioner has made out case for grant of anticipatory bail with conditions. 9. In the result, the following O R D E R Petition is allowed. Petitioner is ordered to be released on bail in the event of his arrest in Crime No. 132/2025 of Chamrajanagara Town Police Station subject to following conditions: I. Petitioner shall voluntarily appear before the jurisdictional Court within fifteen days from this day and execute a bail bond for a sum of - 7 - HC-KAR NC: 2026:KHC:9148 CRL.P No. 16575 of 2025 Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioner shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 20 Ct.sm