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High Court of Karnataka · body

2026 DAILYLAW 15069 (KAR)

SRI MUNIYELLAPPA v. STATE OF KARNATAKA

CRL.P/3042/2026 · 2026-03-12

S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14866 CRL.P No. 3042 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.3042 OF 2026(439(Cr.PC)/ 483(BNSS)) BETWEEN: SRI. MUNIYELLAPPA, S/O. MUNIVENKATAPPA, AGED ABOUT 41 YEARS, R/A.NO.118, BANNERGHATTA MAIN ROAD, J AMBUSAVARI DINNE, J.P.NAGAR, BANGALORE-560 076. …PETITIONER (BY SRI. KEERTHANA. K, ADVOCATE) AND: STATE OF KARNATAKA, BY BANASHANKARI POLICE STATION, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY. R, HCGP) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14866 CRL.P No. 3042 of 2026 THIS CRL.P IS FILED UNDER S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE/ENLARGE THE PETITIONER ON REGULAR BAIL IN (CRIME NO.102/2025) SC NO.1196/2025 OF THE RESPONDENT BANASHANKARI POLICE, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 239, 61, 310(2) AND 311 OF BNS AND 25-1(B)(b) READ WITH SECTION 4 OF ARMS ACT PENDING ON THE FILE OF THE HONBLE LXIX ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-70) BENGALURU AND THE LXIX ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU HAS REJECTED THE BAIL PETITION ON 29.09.2025 IN SC.NO.1196/2025. 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:14866 CRL.P No. 3042 of 2026 ORAL ORDER The petitioner is arrayed as accused No.8 in SC No.1196/2025 arising out of Crime No.102/2025 filed by the respondent/police for the offences punishable under Sections 239, 61, 310(2) and 311 of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and Section 25-1(B)(b) read with Section 4 of Arms Act pending on the file of the learned LXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-70), Bengaluru. 2. The case of the prosecution is that a complaint has been lodged by the complainant, namely Ramesh T., stating that he is working as a middleman/broker in the real estate field. It is stated that on account of Ugadi festival, he and his friends were playing cards at B.V.K. Club, Banashankari. At about 6:00 p.m., six unknown persons knocked on the door of Room No.201, where the complainant and his friends were playing cards, when the door was opened, the said persons forcibly entered into the room and committed theft of Rs.10,00,000/- in cash - 4 - HC-KAR NC: 2026:KHC:14866 CRL.P No. 3042 of 2026 and 700 grams of gold ornaments and thereafter, they fled away from the spot with the mobile phones and clothes of the complainant and his friends. Immediately, the complainant lodged a complaint against the unknown persons. 3. Based on the said complaint the respondent/police registered FIR against unknown persons. During investigation, the involvement of the present petitioner and others has been revealed. Hence, he filed a charge sheet against all the accused including the present petitioner. 4. The submission of the learned counsel for the petitioner is that the petitioner has been arrayed as accused No.8 in the present case and he has been falsely implicated in this case. When the averments of the complaint would indicate that only six unknown persons had entered into the Room No.201 of B.V.K. Club, the present petitioner ought not to have been there along with - 5 - HC-KAR NC: 2026:KHC:14866 CRL.P No. 3042 of 2026 the other petitioners. Moreover, other accused of the same crime number has been granted bail by the Co-ordinate Bench of this Court. Hence, the petitioner may be enlarged on bail. 5. Per contra, the learned High Court Government Pleader for the respondent/State vehemently submitted that the petitioner, along with the other accused, in furtherance of their common intention to commit dacoity, entered the Club where the complainant and his friends were playing cards in Room No.201 on account of the Ugadi festival. It is further contended that they robbed a sum of Rs.10,00,000/- in cash, 700 grams of gold ornaments, as well as the mobile phones and clothes of the complainant and his friends. 6. It is further submitted that they committed robbery submitted that the offences alleged against the petitioner and the other accused are serious in nature, and that they are anti-social elements to the Society. If the - 6 - HC-KAR NC: 2026:KHC:14866 CRL.P No. 3042 of 2026 petitioner is enlarged on bail, there may be chances of committing similar offences and also chances of fleeing away from the justice. Therefore, it is not appropriate to grant bail. Making such submission, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments made in the charge sheet, it would indicate that the present petitioner is a rowdy sheeter. However, in the charge sheet he is arrayed as accused No.8. The averments of the charge sheet would indicate that this petitioner was in need of money to meet the expenses of the advocates for the pending cases filed against him by the different police stations. Therefore, he hatched a plan to commit robbery and dacoity. Accordingly, it is alleged that, he along with the other accused, committed dacoity at B.V.K. Club, Room No.201, and took away Rs.10,00,000/- in cash, 700 grams of gold ornaments, and other articles. - 7 - HC-KAR NC: 2026:KHC:14866 CRL.P No. 3042 of 2026 8. On perusal of the averments made in the complaint, it appears that the case was initially registered against six persons. Subsequently, the present petitioner has been arrayed as one of the accused in the said case. Merely because he is a rowdy sheeter, that itself cannot be a ground to deny him the bail. On going through the facts and circumstances of the case, without adverting to the merit of the case, it is appropriate to grant him bail. Hence, I proceed to pass the following: ORDER. i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in SC No.1196/2025 arising out of Crime No.102/2025 filed by the respondent/police for the offences punishable under Sections 239, 61, 310(2) and 311 of BNS and Section 25-1(B)(b) read with Section 4 of Arms Act pending on the file of the learned LXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-70), Bengaluru on executing personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. - 8 - HC-KAR NC: 2026:KHC:14866 CRL.P No. 3042 of 2026 iii) The petitioner shall mark his attendance once in fifteen days on Saturday between 10.00 and 2.00 p.m., till disposal of the case, before the respondent/police. iv) The petitioner shall not indulge in any similar activities in future till disposal of all his cases which are pending against him. v) The petitioner shall appear before the Trial Court on all hearing dates without fail. vi) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. In case, 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. Sd/- (S RACHAIAH) JUDGE NR/BKM List No.: 1 Sl No.: 39