- 1 - HC-KAR NC: 2026:KHC:2546 CRL.P No. 17687 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17687 OF 2025 (439(Cr.PC) / 483(BNSS)-) BETWEEN: 1. AMEEN KHAN S/O LATE ZAMEER, AGED ABOUT 20 YEARS, R/AT NEAR BM STORES 7TH CROSS, ANEPALYA BANGALORE - 560027. …PETITIONER (BY SRI. ABDUL NABI.,ADVOCATE) AND: 1. STATE BY ASHOK NAGAR P S BANGALORE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SRI.MOHD. AYUB ALI, ADDL.SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER (ACCUSED NO.1) ON BAIL IN CR.NO.369/2025 OF ASHOK NAGAR POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 309(6), 3(5) OF THE BNS ACT AND SECTION 25-1(B)(b) OF ARMS ACT, PENDING BEFORE THE HONBLE 29TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, JUDGE (ACMM-29) BANGALORE. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2546 CRL.P No. 17687 of 2025 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 accused No.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.369/2025 of Ashoknagar Police Station registered for the offences punishable under Sections 309(6), 3(5) of Bharatiya Nyaya Sanhita, 2023, and Section 25-1 (B)(b) of Arms Act. 2. Heard the learned counsel for petitioner and the learned Additional State Public Prosecutor for respondent/State. 3. The learned counsel for petitioner would contend that the FIR has been registered against unknown person. On petitioner being arrested, his bike and long chopper has been seized. Even though he has been taken into police custody, nothing has been seized and even the mobile phone robbed has not been seized from the petitioner. The petitioner, who is stated to have been involved in Crime - 3 - HC-KAR NC: 2026:KHC:2546 CRL.P No. 17687 of 2025 No.320/2024 of Ashoknagar Police Station, has been granted bail by this Court in Crl. P No.5329/2025 and it is pertaining to a love affair between petitioner and victim girl. The other case in Crime No.208/2025 of Viveknagar Police Station, registered for the offences punishable under Sections 118(2), 126(2), and 3(5) of the BNS, came to be registered after the petitioner was arrested in the present case. The offence alleged against the petitioner is triable by the Magistrate. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that the petitioner is having criminal antecedents involved in two crimes. The petitioner has been secured based on the CCTV footage captured in the crime scene. Upon the arrest of the petitioner, an iron long chopper and the motorcycle used for committing the offence were seized from him under a mahazar. The petitioner is having criminal antecedents involved in two crimes. The offence alleged against the petitioner is punishable with imprisonment for life or imprisonment which may extend to ten years, even though it - 4 - HC-KAR NC: 2026:KHC:2546 CRL.P No. 17687 of 2025 is triable by Magistrate. The alleged incident is stated to have taken place during the night hours at about 1.40 a.m., wherein this petitioner is alleged to have forced the victim to hand over his mobile phone and cash, and to have assaulted him. The investigation is in progress. The other accused requires to be secured. If the petitioner is granted bail, it is difficult for the Investigating Officer to secure other accused, and there are chances of petitioner hampering the investigation and tampering the prosecution witnesses. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint, remand application and other materials placed on record. 6. The incident has taken place at 01.45 a.m. on 18.11.2025, when complainant and his friend were moving on the motorcycle. At that time, the petitioner and other two persons have stopped them and they robbed the mobile phone of the friend of complainant and at that time there was a tussle between them. At that time, one person - 5 - HC-KAR NC: 2026:KHC:2546 CRL.P No. 17687 of 2025 assaulted them with a knife on the right thigh, causing injury. The place where the incident is stated to have occurred has been captured in the CCTV footage of the crime scene, on the basis of which, the petitioner was secured. The petitioner was found in possession of a long iron chopper and a motorcycle, which were seized under a mahazar. 7. The petitioner is stated to have criminal antecedents involved in Crime No.320/2024 of Ashoknagara Police Station and Crime No.208/2024 of Vivekanagara Police Station. The petitioner has been granted bail by this Court in Crime No.320/2024. The offences alleged against the petitioner in Crime No.208/2025 are punishable under Sections 118(2), 126(2) and 3(5) of BNS, 2023. 8. Considering the said aspects, the petitioner is having criminal antecedents. The investigation is in progress. The offence alleged against the petitioner is punishable with imprisonment for life or with imprisonment which may extend to ten years. As the investigation is still in progress, if the petitioner is granted bail, there is a likelihood of threat to - 6 - HC-KAR NC: 2026:KHC:2546 CRL.P No. 17687 of 2025 the victim and other prosecution witnesses, and there are chances of the petitioner hampering the investigation. There would also be difficulty for the Investigating Officer in securing the presence of other absconding accused persons. 9. Considering the said aspects, the petitioner has not made out any grounds for grant or bail at the stage when investigation is in progress. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 17