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2026 DAILYLAW 32241 (KAR)

SYED SHANAVAZ v. STATE OF KARNATAKA

CRL.P/9069/2026 · 2026-08-06

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010426592026 NC: 2026:KHC:41494 CRL.P No. 9069 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9069 OF 2026 BETWEEN: SYED SHANAVAZ SON OF SYED KHADAR AGED ABOUT 25 YEARS, R/A NO.11TH CROSS, MASJID ROAD, YELAHANKA OLD TOWN, YELAHANKA, BANGALORE - 560 064. …PETITIONER (BY SRI. ZEBRAN AHMED, ADVOCATE) AND: STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION, BANGALORE CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.37/2026 OF VIDYARANYAPURA P.S. FOR THE OFFENCE P/U/S 310(2) OF BNS 2023 WHEREIN THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010426592026 NC: 2026:KHC:41494 CRL.P No. 9069 of 2026 PETITIONER HAD BEEN ARRAIGNED AS AN ACCUSED NO.1 IN THE REMAND APPLICATION PENDING ON THE FILE BEFORE THE HONBLE VII A.C.M.M COURT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.37 of 2026 registered by Vidyaranyapura Police Station, Bengaluru City for the offences punishable under Section 311 and 310(2) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in crime No.37 of 2026 was registered Vidyaranyapura Police Station, Bengaluru City for offence punishable under Section 311 of BNS, 2023 against two unknown persons, based on the first information dated 27.01.2026 received from Smt.Nagamani S., who is the alleged victim in the present case. During the course of - 3 - HC-KAR CNR: KAHC010426592026 NC: 2026:KHC:41494 CRL.P No. 9069 of 2026 investigation, the petitioner was arrested on 31.01.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.4956 of 2026 was rejected on 30.05.2026. Therefore, he is before this Court. 4. In the first information that was submitted on 27.01.2026 at about 16.40 hours, the victim has alleged that on 26.01.2026 at about 19.30 hours, two persons who came to her shop in the guise of customers, allegedly tried to rob the cash from the cash box. When the victim tried to intervene one among them, assaulted her with his hand on her face and also snatched her mobile phone. Thereafter, the said accused persons escaped from the shop along with cash of Rs.5,500/- from the cash box. During the course of investigation, the petitioner was arrested on 31.01.2026 and after completing investigation, charge sheet is filed against four persons and one juvenile. - 4 - HC-KAR CNR: KAHC010426592026 NC: 2026:KHC:41494 CRL.P No. 9069 of 2026 5. As per the charge sheet allegations, the juvenile accused and accused No.3, who is absconding, entered the victim's shop on 26.01.2026 and committed the alleged crime. The other accused persons were allegedly standing at a distance and watching the movements of public. After the accused who had entered the shop returned, the cash robbed by them was allegedly shared between all the accused persons. 6. It is brought to the notice of this Court that the petitioner is involved in another similar case which was registered in the year, 2023. It is not in dispute that he has been enlarged on bail in the said case. Insofar as the present case is concerned, allegation against him is that he had conspired with the other accused to commit the crime and undisputedly he had not entered the shop of the victim, on alleged date of the incident. Considering the nature of allegations found in the charge sheet against the petitioner, I am of the opinion that his prayer for grant of - 5 - HC-KAR CNR: KAHC010426592026 NC: 2026:KHC:41494 CRL.P No. 9069 of 2026 regular bail needs to be answered, subject to appropriate conditions. Accordingly, the following: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.37 of 2026 registered by Vidyaranyapura Police Station, Bengaluru City for the offences punishable under Section 311 and 310(2) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, subject to the following conditions: a) The petitioner 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; - 6 - HC-KAR CNR: KAHC010426592026 NC: 2026:KHC:41494 CRL.P No. 9069 of 2026 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 AMM List No.: 1 Sl No.: 52