Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010370322026 NC: 2026:KHC:38313 CRL.P No. 7793 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. 7793 OF 2026 BETWEEN:
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KANNAN MANI S/O MANI AGED ABOUT 35 YEARS R/O D NO. 21-2, NEW KALANI, MANALOOR, MANALUR, VILLAPURAM TAMIL NADU - 605 702 …PETITIONER (BY SRI. PAVAN KUMAR G., ADVOCATE) AND:
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STATE OF KARNATAKA BY ULLAL P.S REP BY SPP HIGH COURT BUILDING, BANGALORE - 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV., ADVOCATE)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.134/2025 (CRIME NO.
7/2025 OF ULLAL P.S.) ON THE FILE OF VI ADDL. DISTRICT AND SESSIONS JUDGE D.K., MANGALURU FOR THE OFFENCE Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR CNR: KAHC010370322026 NC: 2026:KHC:38313 CRL.P No. 7793 of 2026 PUNISHABLE UNDER SECTION 126(2), 309(4),127 (7), 61, 310(2), 351(2),331(5), 238, 311, 317(3),317 (5), 324(6) R/W 3(5) AND SECTION 3(1), 4, 25(1B)(b) AND 27(1) OF THE INDIAN ARMS ACT.THE VI ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU HAS DISMISSED THE BAIL PETITION ON SC.NO.134/2025.
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 No.3 in S.C.No.134/2025 pending before the Court of VI Additional District and Sessions Judge, D.K., Mangaluru, arising out of Crime No.7/2025 registered by the Ullal Police Station, Mangaluru, for the offences punishable under Sections 126(2), 309(4), 127(7), 310(2), 351(2), 324(6) 331(5) 61, 238, 311, 317(3), 317(5) of BNS, 2023 and Sections 3(1), 4, 25 (1B)(b), 27(1) of Indian Arms Act, 1959 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the petitioner and learned Additional SPP on behalf of respondent - State.
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HC-KAR CNR: KAHC010370322026 NC: 2026:KHC:38313 CRL.P No. 7793 of 2026
3. FIR in Crime No.7/2025 was registered by the Ullal Police Station, Mangaluru, for the aforesaid offences against five unknown persons based on the first information dated 17.01.2025 received from Vani L W/o Lokayya. In the said case, the petitioner was arrested on 21.01.2025 and remanded to judicial custody. After completing the investigation, charge sheet has been filed against nine persons and in the said charge sheet, accused Nos.7 to 9 are shown as absconding accused persons. Liberty is reserved by the prosecution to file additional charge sheet as against the said accused.
4. In the charge sheet petitioner is arrayed as accused No.3. His bail application filed before the Trial court in S.C.No.134/2025 was rejected on 13.05.2026. Therefore, he is before this Court.
5.
Learned counsel for the petitioner submits that accused Nos.1, 2 , 4, 5, 6 have been already released on bail in the present case. Allegation as against the petitioner and accused No.2, who has been granted regular bail by this court is similar. Petitioner has no other criminal antecedent. Accordingly, prays to allow the petition.
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HC-KAR CNR: KAHC010370322026 NC: 2026:KHC:38313 CRL.P No. 7793 of 2026
6. Per contra, learned Additional State Public Prosecutor, appearing for respondent-State, does not dispute the submission made by the learned counsel for the petitioner.
7. FIR in the present case was registered against five unknown persons. After completing investigation, charge sheet is filed against 9 persons, in which accused Nos.7 to 9 are shown as absconding accused. Accused No.2, who was arrested in the present case, had approached this court in Crl.Petition No. 11437/2025, which was allowed on 05.05.2026 by the Co- ordinate Bench of this Court. In paragraph Nos.5 to 7 of the
order passed in Crl.Petition No.11437/2025, it is observed as follows:
"5. Insofar as the present petitioner is concerned, the role assigned to him as seen from Column No.17 is that, he was made to stand in front of co-operative society and to keep a watch, so as to prevent the other public entering into the society, while robbing the society. So also, there is an allegation that the present petitioner has purchased a gunny bag and after robbing of the society, accused No.2 and 7 have collected the ornaments and loaded the same into the gunny bag.
6. When accused Nos.2 and 7 were moving out of the society, CWs.1 to 5 raised alarm for the help. At that juncture, it is accused Nos.3 and 9 who have shown the gun point to CWs.1 to 5 and made them silent. Column No.17 also reveals that the live bullet was handed over by accused No.3 to accused No.2 and thereafter, accused Nos.2, 7, 8 and 9 flee away from the spot and got into the car which was driven by accused No.1.
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HC-KAR CNR: KAHC010370322026 NC: 2026:KHC:38313 CRL.P No. 7793 of 2026
7. In other words, when there is no specific overt act as to actual robbing by accused No.2 and the persons who robbed the society and also threatened CWs.1 to 5 in a gun point, namely, accused No.3 has been granted bail and accused No.9 is still absconding, on the ground of parity alone, the present petitioner is to be enlarged on bail."
8. It is not in dispute that other arrested accused persons in the present case including accused No.1, have been released on bail in the present case.
9. Under the said circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.134/2025 pending before the Court of VI Addl. District and Sessions Judge, D.K., Mangaluru arising out of Crime No.7/2025 of Ullal Police Station, Mangaluru, for the offences punishable under Sections 126(2), 309(4), 127(7), 310(2), 351(2), 324(6) 331(5) 61, 238, 311, 317(3), 317(5) of BNS, 2023 and Sections 3(1), 4, 25 (1B)(b), 27(1) of Indian Arms Act, 1959, subject to the following conditions:
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HC-KAR CNR: KAHC010370322026 NC: 2026:KHC:38313 CRL.P No. 7793 of 2026 a) Petitioner-accused No.3 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE AG List No.: 1 Sl No.: 45