- 1 - HC-KAR NC: 2026:KHC:7131 CRL.P No. 16832 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16832 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SAMEER PASHA S/O ASTHER HUSSAIN AGED ABOUT 24 YEARS, R/AT NO.23, 4TH CROSS BHARATHNAGAR MYSORE CITY MYSORE-570001 …PETITIONER (BY SRI. SREEDHARA G.R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KOLAR RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, DR.B.R.AMBEDKAR VEEDI, BENGALURU-560001 …RESPONDENT (BY Smt.WAHEEDA M M, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7131 CRL.P No. 16832 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ORDER FOR HIS RELEASE ON REGULAR BAIL IN C.C.NO.3184/2025 IN CR.NO.294/2025 (ACCUSED NO.3) FOR THE OFFENCES P/U/S 310(2) OF BNS 2023, REGISTERED BY THE KOLAR RURAL P.S., NOW PENDING ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AT KOLAR. 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.294/2025 of Kolar Rural Police Station registered for offence punishable under Section 310(2) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State. 3. The learned counsel for the petitioner would contend that the mobile phones, which are stated to have been given by the petitioner to one Ibrahim, were seized from the house of the said Ibrahim through Ibrahim’s - 3 - HC-KAR NC: 2026:KHC:7131 CRL.P No. 16832 of 2025 father. The statement of Ibrahim has not been recorded. The petitioner is a resident of Mysuru, whereas the alleged incident is stated to have taken place at Kolar. The recovery of ₹5,500/- is from accused No.1, which was kept in his two-wheeler. The petitioner has wife and minor children and is the sole breadwinner of the family. As the charge sheet is filed, and the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government would contend that the charge sheet materials show a prima facie case against the petitioner. The mobile phone given by this petitioner to Ibrahim has been seized from the house of the said Ibrahim produced by father of Ibrahim. The petitioner has been identified in Test Identification Parade by the victim. The petitioner is having criminal antecedents and is involved in Crime No.53/2024 of Anekal Police Station, registered for the offences punishable under Sections 399 and 402 of the - 4 - HC-KAR NC: 2026:KHC:7131 CRL.P No. 16832 of 2025 IPC, and in Crime No.253/2025 of T. Narsipura Police Station, registered for the offence punishable under Section 310(2) of the Bharatiya Nyaya Sanhita. The petitioner is in the habit of committing similar offence. The offence alleged against the petitioner is a heinous offence. The Investigating Officer has prayed for further investigation regarding the recording of the statement of Ibrahim and the alleged transfer of money by the complainant through Phonepe. If the petitioner is granted bail, there are chances of him repeating similar offence and hampering further investigation. 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. As per the charge sheet, the case of the prosecution is that the accused Nos.1 to 6 made a plan to rob. In furtherance of the said plan on 20.07.2025, when CW1 was riding his two-wheeler carrying the money - 5 - HC-KAR NC: 2026:KHC:7131 CRL.P No. 16832 of 2025 collected towards his finance, accused No.6 stopped him and showed a knife. Thereafter, all the accused threatened CW1 and CW2 and they robbed Rs.11,000/- which was in the pocket of CW1 and took him in the car. Accused No.6 shown a knife to him and got the PIN number of Phonepe and got transferred Rs.40,000/- and similarly got transferred Rs.5,000/ from CW2 and robbed the mobile phones of CW1 and CW2 and threatened them. The accused Nos.1, 2, 3, 5 and 6 were arrested. The test identification has been conducted. CW1 and CW2 have identified the petitioner. The mobile phones given by this petitioner to one Ibrahim have been seized from his house and they have been produced by father of Ibrahim. 7. The Investigating Officer sought for permission of the jurisdictional Court for conducting further investigation to record statement of Ibrahim and also to ascertain for whose Phonepe the money has been transferred. The charge sheet materials show a prima facie - 6 - HC-KAR NC: 2026:KHC:7131 CRL.P No. 16832 of 2025 case against the petitioner for the offence alleged against him. 8. The petitioner is having criminal antecedents and he is involved in two crimes as noted supra. One of the crimes by the petitioner is similar offence under Section 310(2) of BNS registered in Crime No.253/2025 of T Narasipura Police Station. Considering the same, the petitioner is in the habit of committing similar offence. If the petitioner is granted bail, there are chances of committing similar offence and threatening the prosecution witnesses and hamper the further investigation. 9. Considering the said aspects, the petitioner has not made out any case for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 31