- 1 - HC-KAR CNR: KAHC010437402026 NC: 2026:KHC:42184 CRL.P No. 9285 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9285 OF 2026 (439(Cr.PC) / 483(BNSS)-) BETWEEN: 1. KUMARA SWAMY, S/O SRI. PUTTANNA, AGED ABOUT 36 YEARS, OCC: PLUMBER, R/O NO.180, 5TH BLOCK, CHAMUNDI NAGARA, RAJAJINAGARA, BENGALURU – 560 010 2. JAGADEESH M. S/O SRI. MUNIRAMAPPA, AGED ABOUT 38 YEARS, OCC: WELDER, R/O NO.10, 7TH CROSS, MAGADI ROAD, BENGALURU NORTH, BENGALURU - 560 023 3. VIJAY @ NAAYIPAAL S/O LATE SRI. THANGARAJ, AGED ABOUT 32 YEARS, OCC: WELDER, R/O NO.299, 6TH CROSS, CHAMUNDI NAGARA, RAJAJINAGAR, BENGALURU - 560 010 Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010437402026 NC: 2026:KHC:42184 CRL.P No. 9285 of 2026 4. JEEVA @ JEEVAN R. S/O SRI. RAJA, AGED ABOUT 34 YEARS, OCC: COOLIE WORK, R/O NO.281, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010 (PETITIONERS/ACCUSED NOS.2 TO 5 ARE IN JUDICIAL CUSTODY …PETITIONERS (BY SRI. RAVINDRA B.DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY BUDIKOTE POLICE STATION, KAMASAMUDRAM CIRCLE, K.G.F. DISTRICT - 563 114 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001) …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN SESSIONS CASE NO.61/2026 PENDING BEFORE THE III ADDL. DISTRICT AND SESSIONS JUDGE, AT KOLAR (SITTING AT KGF), CHARGE-SHEETED FOR OFFENCE PUNISHABLE UNDER SECTION 310(2) BNS-2023 (CORRESPONDING TO SECTION 395 IPC) IN CRIME NO.04/2026 OF BUDIKOTE POLICE STATION, KGF DISTRICT) PENDING TRIAL, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010437402026 NC: 2026:KHC:42184 CRL.P No. 9285 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2 to 5 in S.C.No.61/2026 pending before the Court of III Addl. District and Sessions Judge, Kolar (sitting at KGF), arising out of Crime No.4/2026 registered by Budikote Police Station, KGF, for offences punishable under Section 310(2) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), are before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. Heard learned counsel appearing for the petitioners and learned HCGP appearing for the respondent-State. 3. FIR in Crime No.4/2026 was registered by the Budikote Police Station against the petitioners for the aforesaid offence based on the information dated 10.01.2026 received from Sri.Naveen Kumar.G., who is the alleged victim in the present case. During the course of investigation, accused Nos.2 and 3 were arrested on - 4 - HC-KAR CNR: KAHC010437402026 NC: 2026:KHC:42184 CRL.P No. 9285 of 2026 25.01.2026 and accused Nos.4 and 5 were arrested on 16.01.2026. After completing investigation, charge sheet has been filed against 7 persons and petitioners are arraigned as accused Nos.2 to 5 in the charge sheet. Their bail application filed before the Trial Court in S.C.No.61/2026 was rejected on 04.06.2026. Therefore, they are before this Court. 4. Accused Nos.1, 6 and 7 have been already granted regular bail by this Court in Criminal Petition No.8596/2026 disposed of on 23.07.2026, Criminal Petition No.8601/2026 disposed of on 29.07.2026 and Criminal Petition No.3773/2026 disposed of on 15.06.2026. 5. In Criminal Petition No.8596/2026 disposed of on 23.07.2026, in paragraph-5, this Court has observed as follows: “5. In the charge sheet, allegation of intercepting the vehicle of the first informant and thereafter escaping along with the vehicle with - 5 - HC-KAR CNR: KAHC010437402026 NC: 2026:KHC:42184 CRL.P No. 9285 of 2026 the cash which was kept in the said vehicle is found as against accused nos.4 and 5. Petitioner and other accused persons allegedly had conspired with the aforesaid accused to commit robbery of the amount which the first informant was transporting for the purpose of depositing in the bank.” 6. It is not in dispute that the petitioners do not have any criminal antecedents. The robbed money was distributed among all the accused. Test Identification Parade has been not conducted in the present case. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order: ORDER The criminal petition is allowed. The petitioners are directed to be enlarged on bail in S.C.No.61/2026 pending before the Court of III Addl. District and Sessions Judge, Kolar (sitting at KGF), arising out of Crime No.4/2026 registered by Budikote Police - 6 - HC-KAR CNR: KAHC010437402026 NC: 2026:KHC:42184 CRL.P No. 9285 of 2026 Station, KGF, for offences punishable under Section 310(2) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) Each of the petitioners shall execute a 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 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 permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DM List No.: 1 Sl No.: 48