- 1 - HC-KAR NC: 2026:KHC:29965 CRL.P No. 4755 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4755 OF 2026 (439(Cr.PC) / 483(BNSS) BETWEEN: SRINIVASA @ SEENA S/O. THIMMAIAH, AGED ABOUT 22 YEARS, R/O B. HATNA VILLAGE, MANDYA TALUK AND DISTRICT 571 405. …PETITIONER (BY SRI. PARAMESWARAPPA C., ADVOCATE) AND: STATE OF KARNATAKA BY KIRUGAVALU POLICE STATION, KIRUGAVALU, MANDYA DISTRICT - 571 424. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE PETITIONER PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.83/2025 REGISTERED BY KIRUGAVALU P.S., HALAGURU CIRCLE, MANDYA DISTRICT, FOR THE OFFENCES P/U/S 103, 307, 331(4),305,238, 61(2) R/W 190 OF BNS, 2023 AND U/S 177 OF INDIAN MOTOR VEHICLES ACT, 1988, PENDING BEFORE THE LEARNED SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, MANDYA DISTRICT IN CC.NO.617/2025 FOR COMMITTAL OF THE CASE. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29965 CRL.P No. 4755 of 2026 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.5 in Crime No.83/2025 registered by Kirugavalu Police Station, Halaguru Circle, Mandya District, for the offences punishable under Sections 103, 307, 331(4), 305, 238, 61(2) r/w. Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS, 2023”) and Section 177 of the Indian Motor Vehicles Act, 1988 (for short “the M.V. Act”) is before this Court in this petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent - State. 3. FIR in Crime No.83/2025 was registered by the Kirugavalu Police Station, initially for the offences punishable under Sections 103, 307, 331(4) and 305 of the BNS, 2023, against unknown persons based on the first information dated - 3 - HC-KAR NC: 2026:KHC:29965 CRL.P No. 4755 of 2026 17.08.2025 by Sri. Rudraswamy. During the course of investigation, the petitioner herein was arrested on 21.08.2025. After completing investigation, charge sheet has been filed against five persons, wherein petitioner is arrayed as accused No.5. The bail application filed by the petitioner herein before the Trial Court in Crl.Misc.No.1034/2025 was rejected on 07.01.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedents. Except the confession statement, there is no other material to connect him to the crime. The seizure of the stolen articles is at the instance of accused No.2 and even in the CCTV footages collected during the course of investigation, only accused Nos.1 and 2 are seen. Accordingly, prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor, who has opposed the petition, however does not dispute the submission made by learned counsel for the petitioner. She submits that in the charge sheet, specific role is alleged against the petitioner that he has actively participated in the crime. Accordingly, prays to dismiss the petition. - 4 - HC-KAR NC: 2026:KHC:29965 CRL.P No. 4755 of 2026 6. The charge sheet material would reveal that the accused persons, who are in the habit of gambling, were in debt and therefore, they had conspired to commit robbery in Mahalakshmi Jewellery Shop and in furtherance of such conspiracy, on the intervening night of 16.08.2025 and 17.08.2025, they had arrived near the spot of crime in a vehicle and had brought gas cutter along with them. According to the prosecution, accused Nos.2 and 3 were given the task of cutting the rolling shutters of the shop, while the other accused persons were keeping watch. In the charge sheet, it is alleged that after hearing the noise, the deceased, Madappa, who was in his hotel, which is opposite to the Jewellery Shop, came out of the Hotel. Accused No.1 allegedly held Madappa and closed his mouth with his hand and thereafter, accused Nos.3, 4 and 5 lifted Madappa and smothered him to death. Subsequently, the accused persons committed robbery of gold and silver articles worth Rs. 11,16,000/- and escaped from the spot. 7. During the course of investigation, five persons were arrested in the present case and the petitioner is arrayed as accused No.5 in the charge sheet. The Police have recovered stolen articles at the instance of accused No.2. Even in the - 5 - HC-KAR NC: 2026:KHC:29965 CRL.P No. 4755 of 2026 CCTV footages, which are collected by the Police during the course of investigation, only the presence of accused Nos.1 and 2 is found. It is not in dispute that the petitioner has no criminal antecedents and there is no recovery of any article from him, which were stolen from the Mahalakshmi Jewellery Shop on the alleged date of incident. The petitioner is aged 22 years and except the confession statement of the petitioner and co-accused, there is no other strong material to connect the petitioner to the crime at this stage. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.83/2025 registered by Kirugavalu Police Station, Halaguru Circle, Mandya District, for the offences punishable under Sections 103, 307, 331(4), 305, 238, 61(2) r/w. Section 190of the BNS, 2023 and Section 177 of the M.V. Act, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of 1,00,000/- with two sureties for the - 6 - HC-KAR NC: 2026:KHC:29965 CRL.P No. 4755 of 2026 likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE BMC List No.: 1 Sl No.: 68