Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010392762026 NC: 2026:KHC:38312 CRL.P No. 8241 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8241 OF 2026 BETWEEN:
1.
SHALU @ HAJEERA S/O. MEHABOOB PASHA, AGED ABOUT 19 YEARS, RESIDING AT NEAR MADEENA HOTEL, AMARAJYOTHI LAYOUT, THANISANDRA, BANGALORE CITY - 560045
2.
ROSHAN JAMEER @ BITTU, S/O. IBRAHIM KHAN, AGED ABOUT 20 YEARS, RESIDING AT MODI ROAD, NEAR ANANDA THEATER, FATHIMA LAYOUT, D.J. HALLI, BANGALORE CITY - 560045
3. RESHMA W/O. BABU, AGED ABOUT 47 YEARS, RESIDING AT DODDANNA NAGAR, NEAR PARK, Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR CNR: KAHC010392762026 NC: 2026:KHC:38312 CRL.P No. 8241 of 2026 D.J. HALLI, BANGALORE CITY - 560045 PETITIONERS (BY SRI. VITTAL RAO K N., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY, SHO, KORAMANGALA PS, BANGALORE - 560030 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001. …RESPONDENT (BY SMT. RASHMI JADHAV., ADVOCATE)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THEM ON BAIL IN CRIME NO.118/2026 OF THE RESPONDENT POLICE i.e., KORAMANAGALA POLICE FOR ALLEGED OFFENCE P/US/ 331(3),331(4),305,111(1,2,3,4,5,6) OF BNS PENDING ON THE FILE OF THE HONBLE 39tH ACJM, BENGALURU CITY. THE LVIII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU HAS REJECTED THE BAIL PETITION ON 06.06.2026 IN CRL.MISC.NO.4829/2026.
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HC-KAR CNR: KAHC010392762026 NC: 2026:KHC:38312 CRL.P No. 8241 of 2026
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1, 2 and 3 in Crime No.118/2026 registered by Koramangala Police Station, Bengaluru, for offences punishable under Sections 331(3), 331(4), 305, 111 (1, 2, 3, 4, 5, 6) of BNS, 2023 are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.
2. FIR in Crime No.118/2026 was registered by Koramangala Police Station, Bengaluru, initially for offence punishable under Section 331(3), 331(4), 305, of BNS, 2023 against unknown persons based on the first information dated 02.04.2026 received from Krishna S/o Late Bediyappa. In the said case, accused No.1 was produced under body warrant on 08.05.2026 and accused Nos.2 and 3 were produced under body warrant on 06.05.2026 before the jurisdictional Court and subsequently remanded to judicial custody. Their bail application filed before jurisdictional Sessions judge in
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HC-KAR CNR: KAHC010392762026 NC: 2026:KHC:38312 CRL.P No. 8241 of 2026 Crl.Misc.No.4829/2026 was rejected on 06.06.2026. Therefore, they are before this Court.
3.
Learned counsel for the petitioners submits that the petitioners were arrested on 01.05.2026 in Crime No.91/2026 registered by Adugodi Police Station for offences punishable under Section 305(a) of BNS 2023. Subsequently, they have been falsely implicated in the present case. In all the other criminal cases registered against the petitioners, they have been enlarged on bail. For extraneous reasons, the police have invoked Section 111 of BNS 2023 against the petitioners in the present case. Accordingly, he prays to allow the petition. 4. Per contra, learned Additional State Public Prosecutor, who has opposed the petition submits that petitioners are persons with criminal antecedents and in the event they are released on bail, they are likely to commit similar offences. Accordingly, he prays to dismiss the petition. 5. FIR in the present case was registered against unknown persons based on the first information received from Krishna, who has alleged that, on 01.04.2026 somebody had
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HC-KAR CNR: KAHC010392762026 NC: 2026:KHC:38312 CRL.P No. 8241 of 2026 entered to his house and committed theft of Rs.20,000/- in cash and gold jewellery weighing about 25 grams. It appears that petitioners were arrested on 01.05.2026 in Crime No.91/2026 registered by Adugodi Police Station for offence punishable under Section 305(a) of BNS. Based on their confession statement recorded in Crime No.91/2026, they were subsequently arrested in the present case and produced under body warrant before the jurisdictional Magistrate and remanded to judicial custody. 6. The material on record would go to show that for a period of nearly one week the petitioners were given to police custody in the present case and after completing interrogation, they were produced before the court and remanded to judicial custody. As against accused No.1, who is a girl aged about 19 years, it is stated that 12 cases are registered for similar offences and as against accused Nos.2 and 3, two cases are registered for similar offences. However, the fact remains that accused Nos.1 to 3 are common accused only in Crime No.91/2026 and not in the other criminal cases registered against them. Therefore, a doubt arises whether the police are
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HC-KAR CNR: KAHC010392762026 NC: 2026:KHC:38312 CRL.P No. 8241 of 2026 justified in invoking offence punishable under Section 111 of BNS, 2023 against them. 7.
Be that as it may, fact remains that petitioners are in custody for the last more than two months in the present case. Petitioner No.1 is a girl aged about 19 years and petitioner No.3 is a lady aged about 47 years. Petitioner No.2 as against whom there are two other criminal cases registered for offence punishable under Section 305 of BNS 2023 is aged about 20 years. 8. Considering the aforesaid aspects of the matter and also having regard to the Proviso to Section 480 of BNS 2023, I am of the opinion that prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:
ORDER The criminal petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.118/2026 registered by Koramangala Police Station, Bengaluru, for offences punishable under Sections 331(3),
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HC-KAR CNR: KAHC010392762026 NC: 2026:KHC:38312 CRL.P No. 8241 of 2026 331(4), 305, 111 (1, 2, 3, 4, 5, 6) of BNS, 2023 subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without the permission of the said Court until the case registered against them is
disposed of. f) The petitioners are directed to appear before the Station House Officer of Koramangala Police Station, Bengaluru, on every first and third Sunday of every month between 10.30 a.m. and 1.00 p.m. and mark their attendance, till investigation is
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HC-KAR CNR: KAHC010392762026 NC: 2026:KHC:38312 CRL.P No. 8241 of 2026 completed and charge sheet is filed in the present case. Sd/- (S VISHWAJITH SHETTY) JUDGE AG List No.: 1 Sl No.: 47