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2026 DAILYLAW 27228 (KAR)

MARUTHI BABU RAO SHINDE v. THE STATE OF KARNATAKA

CRL.P/6906/2026 · 2026-07-09

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:34909 CRL.P No. 7600 of 2026 C/W CRL.P No. 6906 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7600 OF 2026 C/W CRIMINAL PETITION NO. 6906 OF 2026 IN CRL.P No. 7600/2026: BETWEEN: ROHAN SUBHASH CHAVAN AGED ABOUT 39 YEARS S/O SUBHASH BALU CHAVAN RESIDING AT 208, SOMAVARPETE DARVALA POOL, NEAR YESH MEDICAL SHREYAS APARTMENT PUNE TALUK MAHARASHTRA STATE. …PETITIONER (BY SRI IMTIAZ B, ADV.) AND: THE STATE OF KARNATAKA BY MANGALORE SOUTH P.S REP. BY SPP, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGED HIM IN BAIL IN C.C. NO.4676/2025 ARISING OUT OF CRIME NO.171/2025 PERTAINING TO MANGALORE SOUTH POLICE STATION, MANGALORE PENDING ON THE FILE OF HONBLE II JMFC COURT AT MANGALORE, FOR THE OFFICE PUNISHABLE UNDER SECTION 137(2), 204, 310(2), 140(3) READ WITH 190 OF BNS. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34909 CRL.P No. 7600 of 2026 C/W CRL.P No. 6906 of 2026 IN CRL.P NO. 6906/2026: BETWEEN: MARUTHI BABU RAO SHINDE AGED ABOUT 22 YEARS S/O BABHURAVA PANDURANGA SHINDHE, RESIDING AT RAMANAGARA VILLAGE, KHANAPUR TALUKA SANGLI DISTRICT, MAHARASHTRA STATE. ...PETITIONER (BY SRI IMTIAZ B, ADV.) AND: THE STATE OF KARNATAKA BY MANGALORE SOUTH P.S REP. BY SPP, HIGH COURT BUILDING BANGALORE - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGED HIM IN BAIL IN C.C.NO.4676/2025 ARISING OUT OF CR.NO.171/2025 PERTAINING TO MANGALORE SOUTH POLICE STATION, MANGALORE PENDING ON THE FILE OF THE HONBLE II JMFC COURT, AT MANGALORE, FOR THE OFFENCES P/U/S 137(2), 204, 310(2), 140(3) R/W 190 OF BNS. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 & 4 in Crime No.171/2025 registered by Mangalore South Police Station, Mangaluru City, for the offences punishable under Sections 137(2), 204, 310(2) 140(3) read with 190 of BNS, 2023, are before this Court in these two - 3 - HC-KAR NC: 2026:KHC:34909 CRL.P No. 7600 of 2026 C/W CRL.P No. 6906 of 2026 petitions filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. Zero FIR was registered by Kumta Police Station, Uttara Kannada District, for the offences punishable under Sections 137(2), 204, 310(2) of BNS, 2023, against unknown persons based on the first information dated 13.08.2025 received from Hari Bhanudas Thorat, and subsequently, for want of jurisdiction, FIR was transferred to Mangalore South Police Station and registered as Crime No.171/2025 for the offences punishable under Sections 137(2), 204, 310(2) of BNS, 2023. In the said case, petitioners were arrested on 18.08.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against nine persons and petitioners herein are arrayed as accused nos.1 and 4 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court at Mangaluru, D.K., in Crl. Misc. No.283/2026 & Crl. Misc. No.185/2026, were rejected on 21.04.2026 & 27.03.2026, respectively. Therefore, petitioners are before this Court in these two petitions. - 4 - HC-KAR NC: 2026:KHC:34909 CRL.P No. 7600 of 2026 C/W CRL.P No. 6906 of 2026 4. The allegations in the first information is that, on 13.08.2025, first informant was kidnapped in a Innova Car and gold bars totally weighing 350 grams were robbed from him by the accused persons who had introduced themselves as custom officials, and thereafter, escaped. During the course of investigation, petitioners herein were arrested on 18.08.2025 and remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed. 5. Charge sheet material would go to show that during the course of investigation, 349.20 grams of gold has been recovered in the present case at the instance of accused no.2 from the possession of CW-6. Accused no.3 as against whom similar allegations are found in the charge sheet, has been granted regular bail by the coordinate bench of this Court in Crl.P.No.5897/2026 disposed of on 05.06.2026. It is brought to the notice of this Court that accused no.4 is a person with criminal antecedents. It is not in dispute that accused no.1 has no other criminal antecedents. Learned Counsel for the petitioners has submitted that accused no.4 has been granted bail in the other criminal cases registered against him. - 5 - HC-KAR NC: 2026:KHC:34909 CRL.P No. 7600 of 2026 C/W CRL.P No. 6906 of 2026 6. The Hon'ble Supreme Court in the case of PRABHAKAR TEWARI VS STATE OF U.P. & ANOTHER - (2020)11 SCC 648, has observed that merely for the reason that accused is a person with criminal antecedents, if he is found that he is entitled for the relief sought for in the case on hand, his prayer for grant of bail cannot be rejected. 7. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 8. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.171/2025 registered Mangalore South Police Station, Mangaluru City, for the offences punishable under Sections 137(2), 204, 310(2) 140(3) read with 190 of BNS, 2023, subject to the following conditions: (i) The petitioners shall execute their personal bond for a sum of Rs.2,00,000/- each with two local sureties for the likesum to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2026:KHC:34909 CRL.P No. 7600 of 2026 C/W CRL.P No. 6906 of 2026 (ii) The petitioners shall not indulge in tampering the prosecution witnesses; (iii) The petitioners shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause; (iv) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against them is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE KK