- 1 - HC-KAR CNR: KAHC010520052026 NC: 2026:KHC:47491 CRL.P No. 11287 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11287 OF 2026 BETWEEN: MURUGANDHI TEVAR @ KUMAR S/O SHRIMURUGAM SUNDARAM @ SHANMUGAM AGED ABOUT 37 YEARS R/O NO. 1/62, A 1-44, AMMAN KOVIL, PADMANERI VILLAGE, TIRUVANWELI DISTRICT, THIRUNEVELVELI, TAMIL NADU - 627 001. ALSO RESIDING AT NO. 141, TILAKA NAGAR, CHEMBURU MUMBAI, MAHARASHTRA - 400 071. PETITIONER (BY SRI. PAVAN KUMAR G.,ADVOCATE) AND: STATE OF KARNATAKA STATE OF KARNATAKA BY ULLAL P.S REP BY SPP HIGH COURT BUILDING BANGALORE - 560 001. RESPONDENT (BY SRI. VINAY MAHADEVAIAH., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVCATE FOR THE PETITIONER PRAYING Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010520052026 NC: 2026:KHC:47491 CRL.P No. 11287 of 2026 THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.134/2025 (CR.NO.7/2025 OF ULLALA P.S) ON THE FILE OF THE VI ADDL.DIST. AND SESSIONS JUDGE, D.K MANGALURU FOR THE OFFENCE P/U/S 126(2),127(7),309(4),324(6),331(5),61,238,311,317(3),317(5 ),310(2), 351(2) OF BNS 2023 AND SEC.3(1),25(1B)(B),27(1) OF INDIAN ARMS ACT 1959 U/S 4 OF ARMS ACT 1959 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 SC.No.134/2025 pending before the VI Additional District and Sessions Judge, D.K Mangaluru, registered by Ullala Police Station, D.K Mangaluru, arising out of Crime No.7/2025 for the offence punishable under Section 126(2), 127(7), 309(4), 324(6), 331(5), 61, 238, 311, 317(3), 317(5), 310(2), 351(2) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and Section 3(1), 4, 25(1B)(b), 27(1) of Indian Arms Act, 1959 (for short Arms - 3 - HC-KAR CNR: KAHC010520052026 NC: 2026:KHC:47491 CRL.P No. 11287 of 2026 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 HCGP for respondent - State. 3. FIR in Crime No.7/2025 is registered in Ullala Police Station for the aforesaid offences against unknown five male personal. Based on the first information on 17.01.2025 received from Vani. L, W/o Lokayya, who was working as Bank Manager in Kotekar Agriculture Co- operative Society K.C, Road Talapady, Mangalore City. During the course of investigation of the said case petitioner was arrested on 23.01.2025 and remanded to judicial custody. After completing investigation charge sheet is filed against nine persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in SC.No.134/2025 and was rejected on 03.07.2006. Therefore, he is before the this Court. - 4 - HC-KAR CNR: KAHC010520052026 NC: 2026:KHC:47491 CRL.P No. 11287 of 2026 4. Learned counsel for the petitioner submits that petitioner was earlier granted bail by this Court in Crl.Pet.No.14538/2025 on the ground that he was not served with grounds of arrest. Subsequently, the petitioner was re-arrested after serving grounds of arrest on him. His bail application filed before the Trial Court thereafter was rejected. Similarly, placed accused No.2 has been granted bail by the Co-ordinate Bench of this Court in Crl.pet.No.11437/2025 of vide order dated 05.05.2026. According, he prays to allow the petition. 5. Per contra, learned HCGP for respondent - State who has opposed the petition, however does not dispute the submission made by learned counsel for the petitioner. He submits that petitioner hails from Tamil Nadu State and if he is enlarged on bail it would be difficult to secure his presence. 6. It is the case of the prosecution that on 17.01.2015 at about 1:00 PM, five unknown persons - 5 - HC-KAR CNR: KAHC010520052026 NC: 2026:KHC:47491 CRL.P No. 11287 of 2026 armed with pistol and other weapons entered the aforesaid cooperative society and after threatening the manager and other employees of the society, they forcibly opened the safe lock in the strong room of the society and robbed cash of Rs.3,80,400/- and gold jewelry weighing nearly 18 Kgs. Under these circumstances, FIR was registered against unknown five male persons based on the first information received from the manager of the society. Investigation of the case is now completed and charge sheet is filed. Accused Nos. 2, 3, 7, 8 and 9 are said to be persons who had entered the society on the alleged date and had robbed the cash and gold jewelry as aforesaid. 7. Accused No.2 who had entered the society and robbed the cash and gold jewelry along with other accused persons has been granted bail by the Co-ordinate Bench in Crl.P.No.11437/2025 disposed of on 05.05.2026. The petitioner, who is said to be the mastermind of the alleged crime, undisputedly was is not present at the spot of crime. Allegation in the charge sheet is that the robbed - 6 - HC-KAR CNR: KAHC010520052026 NC: 2026:KHC:47491 CRL.P No. 11287 of 2026 cash and gold was subsequently shared by all the accused persons. During the course of investigation, the gold jewelry weighing about 16 kg 331.252 grams has been recovered in the present case. 8. Material on record goes to show that the petitioner earlier was granted bail by the Co-ordinate Bench of this Court on the ground that the grounds of arrest was not served upon him. However, in view of the liberty reserved in the order passed by this Court in Crl.P.No.14538/2025 to re-arrest the petitioner after furnishing the grounds of arrest, immediately after the petitioner was released from jail, he was re-arrested and remanded to custody. Since, accused No.2 as against whom similar allegations are found in the charge sheet and who had entered the premises of the society along with other accused persons to rob the cash and jewelry from the society has been granted regular bail by Co-ordinate Bench of this Court. I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be - 7 - HC-KAR CNR: KAHC010520052026 NC: 2026:KHC:47491 CRL.P No. 11287 of 2026 answered affirmatively subject to appropriate conditions. Accordingly, the following: ORDER i) The Criminal Petition is allowed. ii) The petitioner is directed to be enlarged on bail in Special Case No.134/2025 pending before the VI Additional District and Sessions Judge, D.K Mangaluru, registered by Ullala Police Station, D.K Mangaluru, arising out of Crime No.7/2025 for the offence punishable under Section 126(2), 127(7), 309(4), 324(6), 331(5), 61, 238, 311, 317(3), 317(5), 310(2), 351(2) of BNS, 2023 and Section 3(1), 4, 25((1B)(b), 27(1) of Arms Act, 1959, subject to the following conditions: (i) Petitioner - accused No.1 shall execute a bond for a sum of Rs.1,00,000/- with two sureties for the likesum, of which, one cash surety i.e., Rs.1,00,000/-, one local surety and one regular surety to the satisfaction of the learned Trial Judge; - 8 - HC-KAR CNR: KAHC010520052026 NC: 2026:KHC:47491 CRL.P No. 11287 of 2026 (ii) Petitioner - accused No.1 shall not threaten the prosecution witnesses, in any manner; (iii) Petitioner - accused No.1 shall attend the Court regularly; (iv) Petitioner - accused No.1 shall not leave the jurisdiction of Maharastra and Karnataka State without prior permission; (v) Petitioner - accused No.1 shall not indulge in any criminal activities. If there is violation of any one of the conditions, the prosecution is at liberty to move for cancellation of bail. Sd/- (S VISHWAJITH SHETTY) JUDGE PNV List No.: 1 Sl No.: 45