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2026 DAILYLAW 13826 (KAR)

MR. SYED SAIF v. THE STATE OF KARNATAKA BY

CRL.P/16636/2025 · 2026-02-20

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10494 CRL.P No. 16636 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16636 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR. SYED SAIF S/O LATE SYED MOULA AGED ABOUT 24 YEARS R/AT NO.321, 2ND CROSS RAJIV GANDHI NAGARA NEAR SAMBRAM COLLEGE M.S.PALYA, VIDYARANYAPURA BENGALURU- 560097. …PETITIONER (BY SRI.R PRASANNA RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION BENGALURU …RESPONDENT (BY SRI.MOHD. AYUB ALI, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10494 CRL.P No. 16636 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT AN ORDER OF REGULAR BAIL AND DIRECTING TO THE PRISON AUTHORITY RELEASE ON BAIL IN THE CRIME NO.385/2025 OF VIDYARANAPURA POLICE STATION PENDING BEFORE THE VII ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU FOR THE OFFENCES U/S 311 OF BNS. 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 sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.385/2025 of Vidyaranyapura Police Station registered for the offence punishable under Section 311 of Bharaitya Nayay Sanhita, 2023. 2. The learned counsel for petitioner and the learned Additional State Public Prosecutor for respondent/State. 3. The learned counsel for petitioner would contend that the incident has taken place on 07.11.2025 and the complaint has been filed on 09.11.2025 and there is a delay in filing the complaint. The complainant has not - 3 - HC-KAR NC: 2026:KHC:10494 CRL.P No. 16636 of 2025 stated the features of the accused in the averments of the complaint. The bike number used by the petitioner/accused has not been mentioned in the complainant. The bike and knife have been recovered from the petitioner. In the Test Identification Parade records, the signature of the petitioner is not forthcoming. There are no criminal antecedents of the petitioner. The petitioner is aged 24 years. With this, he prayed to allow the petition. 4. Per contra, the Additional State Public Prosecutor for respondent/State would contend that there is no mandate that the signature of the accused person has to be taken on records of the Test Identification Parade. The Test Identification Parade has been conducted by the learned Magistrate in the prison. In the Test Identification Parade, the victim has identified the petitioner. As the person who has robbed his cash by showing a deadly weapon, the weapon and the bike have been seized at the instance of the petitioner. The charge - 4 - HC-KAR NC: 2026:KHC:10494 CRL.P No. 16636 of 2025 sheet materials show a prima facie case against the petitioner. The offence alleged is provided with punishment of imprisonment not less than seven years. If the petitioner is granted bail, there are chances of he again committing similar offence. With this, he prayed to reject the petition. 5. Having heard the learned, the Court has perused the charge sheet and other materials placed on record. 6. As per the charge sheet, the case of the prosecution is that on 07.11.2025 at about 03.00 p.m., when CW1/first informant was walking along the road, an unknown person came on a scooter, stopped him, shown a machete-like long chopper, and threatened him to hand over money. It is alleged that the said person robbed a sum of Rs.3,600/-, threw the victim’s mobile phone on the ground, threatened to kill him if he informed anyone about - 5 - HC-KAR NC: 2026:KHC:10494 CRL.P No. 16636 of 2025 the incident, and thereafter fled away from the spot on the scooter. 7. After arrest of this petitioner, there is a recovery of weapon and bike used by the petitioner at his instance. The test identification parade has been conducted wherein the first informant has identified the petitioner as the person who robbed the cash from him by showing deadly weapon. There is no any mandate to take signature of the petitioner on the records of test identification parade as contended by the learned counsel for petitioner. The offence alleged against the petitioner is provided with sentence of imprisonment not less than seven years. If the petitioner is granted bail, there are chances of he committing similar offence, and threatening the prosecution witnesses. 8. Considering the above aspects, the petitioner has not paid out any grounds for grant of bail. - 6 - HC-KAR NC: 2026:KHC:10494 CRL.P No. 16636 of 2025 In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 36