- 1 - HC-KAR NC: 2026:KHC:1028 CRL.P No. 16439 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16439 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. RIJWAN BASHA AGED 36 YEARS S/O BABAJAN R/A, VALMEEKI NAGARA KOTE AREA, HINDUPURA TOWN SATHYA SAI DISTRICT. ANDRA PRADESH-515 201. …PETITIONER (BY SRI VIJAYAKUMARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BADAVANAHALLI POLICE STATION TUMKUR-572 101 REPTD. BY STATE PROSECUTOR HIGH COURT COMPLEX BENGALURU-560 001. …RESPONDENT (BY SMT. WAHEEDA M M , HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ORDERED TO RELEASE THE PETITIONER ON REGULAR BAIL IN SC No.5059/2025 WHO IS ACCUSED No.2 IN (CRIME No.42/2024, CC No.88/2024) FOR AN OFFENCE PUNISHABLE UNDER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1028 CRL.P No. 16439 of 2025 SECTIONS 394, 413, 201 R/W 34 OF IPC OF BADAVANAHALLI POLICE STATION. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner –accused No.2 under Section 483 of BNSS praying to grant bail in S.C.No.5059/2025 arising out of Crime No.42/2024 of Badavanhalli Police Station registered for offences under Sections 394, 413, 201 read with Section 34 IPC pending on the file of the IV Additional District and Sessions Judge, Tumkur sitting at Madhugiri. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the petitioner earlier had been granted anticipatory bail in the crime by order dated 28.03.2024 passed in Criminal Miscellaneous No.5083/2025 by IV - 3 - HC-KAR NC: 2026:KHC:1028 CRL.P No. 16439 of 2025 Additional District and Sessions Judge, Tumkur sitting at Madhugiri. Thereafter, he could not comply the conditions and he has been arrested on 24.06.2024. On the date of his arrest, when he tried to escape, police shooted on the right leg and he sustained injury. Now, the petitioner is having injury on his right leg and he is not able to walk properly. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the petitioner is having criminal antecedents and he is involved in 11 cases details of which are stated in column No.17 of the charge sheet. The robbed articles have been seized at the instance of the petitioner from accused No.3 to whom they sold. If the petitioner is again released on bail, there are chances of repeating similar offence. The Test Identification Parade has also been conducted - 4 - HC-KAR NC: 2026:KHC:1028 CRL.P No. 16439 of 2025 wherein this petitioner has been identified by the victim. With this, she prays to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on the record. 6. As per charge sheet, the case of the prosecution is that on 05.04.2024 at about 08.00 a.m., when C.W.1 was moving on the road, at that time the petitioner -accused No.2 along with accused No.1 came on bike. Accused No.1 was riding the bike and the petitioner was pillion rider. The petitioner pulled the braid (jade) of the C.W.1 and she fell down and they snatched the golden mangalya chain weighing 25 grams and 120 milligrams, earring weighing 5 grams and 707 milligrams, nokia mobile phone, vanity bag and caused injury to the ears of the victim. The petitioner and other accused who committed similar offence have sold the stolen and robbed article to accused No.3. The police have recovered the stolen and robbed articles from the possession of accused - 5 - HC-KAR NC: 2026:KHC:1028 CRL.P No. 16439 of 2025 No.3. The details of cases in which the petitioner and another accused are involved have been detailed in column No.17 of the charge sheet. The petitioner has been involved in 11 cases for similar offences namely 394, 379, 392 of IPC. Considering the said aspect, The petitioner is having criminal antecedents and having habit of committing similar offence. If the petitioner is granted bail, there are chances of him committing similar offence. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 10 Ct.sm