- 1 - HC-KAR NC: 2026:KHC:8297 CRL.P No. 16387 of 2025 C/W CRL.P No. 16403 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16387 OF 2025 [(439(Cr.PC) / 483(BNSS)] C/W CRIMINAL PETITION NO. 16403 OF 2025 IN CRL.P No. 16387/2025 BETWEEN: SRI. SYED IMRAN S/O SYED IQBAL, AGED ABOUT 38 YEARS, R/AT NO.5/130, BEHIND ZOHARA MASZID, AHMED NAGAR MOHALLA, CHAMARAJANAGARA TOWN, CHAMARAJANAGARA TALUK AND DISTRICT. …PETITIONER (BY SRI. P.P. HEGDE, SENIOR COUNSEL FOR SRI. PRASANNA KUMAR B., ADVOCATE) AND: STATE BY TOWN POLICE CHAMARAJANAGARA, REPRESENTED BY HIGH COURT STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8297 CRL.P No. 16387 of 2025 C/W CRL.P No. 16403 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN CRIME NO.132/2025 (C.C.NO.1274/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 310(2), 310(4) AND 61 OF BNS, REGIGTERED BY CHAMARAJANAGARA TOWN POLICE STATION, PENDING BEFORE THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT CHAMARAJANAGARA. IN CRL.P NO. 16403/2025 BETWEEN: SRI. FAIROZ KHAN S/O LATE IMAM KHAN, AGED ABOUT 52 YEARS, PUNAJANURU GATE VILLAGE, CHAMARAJANAGARA TALUK AND DISTRICT - 571 313. ...PETITIONER (BY SRI. P.P. HEGDE, SENIOR COUNSEL FOR SRI. PRASANNA KUMAR B., ADVOCATE) AND: STATE BY TOWN POLICE CHAMARAJANAGARA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. ...RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) - 3 - HC-KAR NC: 2026:KHC:8297 CRL.P No. 16387 of 2025 C/W CRL.P No. 16403 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN CRIME NO.132/2025 (C.C.NO.1274/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 310(2), 310(4) AND 61 OF BNS, REGISTERED BY CHAMARAJANAGARA TOWN POLICE STATION, PENDING BEFORE THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT CHAMARAJANAGARA. THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Criminal Petition No.16387/2025 is filed by accused No.3 and Criminal Petition No.16403/2025 is filed by accused No.2. Both Criminal Petitions are filed under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.132/2025 of Chamarajanagar Town Police Station, registered for offences punishable under Sections 310(2), 310(4) and 61 of Bharatiya Nyaya Sanhita, 2023. - 4 - HC-KAR NC: 2026:KHC:8297 CRL.P No. 16387 of 2025 C/W CRL.P No. 16403 of 2025 2. Heard learned Senior Counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned Senior Counsel for petitioner would contend that, accused No.6 has been granted anticipatory bail by this Court in Criminal Petition No.16717/2025 by order dated 10.02.2026 against whom there is allegation of robbing Rs.3,00,000/- from C.W.1 and C.W.2. There is no allegation of any robbing the money by the petitioners/accused Nos.2 and 3. The further statement of C.W.1 indicates that, after lodging a complaint when he was in front of Police Station, he received cash of Rs.3,70,000/- from unknown person. The said C.W.1 has not intimated the same to the SHO of Police Station immediately and it creates doubts in the bonafides of the complainant. There are no any injuries on C.W.1 and C.W.2. The offence alleged against the petitioners is not punishable either with death or imprisonment or life. The petitioners earlier had approached this Court at the crime - 5 - HC-KAR NC: 2026:KHC:8297 CRL.P No. 16387 of 2025 C/W CRL.P No. 16403 of 2025 stage and their petition came to be rejected wherein they have been given the liberty to approach the Sessions Court after filing of the charge sheet. Now, the charge sheet is filed and therefore, the petitioners/accused Nos.2 and 3 are not required for further custodial interrogation. There are no criminal antecedents of the petitioners/accused Nos.2 and 3. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, there is a recovery of thirty seven (37) bundles kept in a bag and in each bundle, there are only five (5) genuine notes of Rs.500/- and remaining are white papers of the note size. There is a recovery of Rs.25,000/- plus Rs.70,000/- at the instance of accused No.3. Accused No.3 has received Rs.70,000/- through Google Pay sent by C.W.2. During the Test Identification Perade, C.W.2 has identified accused No.3 and mobile of accused No.3 has been seized. Accused No.2 has booked the room. The charge sheet materials - 6 - HC-KAR NC: 2026:KHC:8297 CRL.P No. 16387 of 2025 C/W CRL.P No. 16403 of 2025 show that, there is a prima-facie case against the petitioners/accused Nos.2 and 3 for offences alleged against them. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. This Court while granting anticipatory bail to accused No.6 in the order dated 10.02.2026 passed in Criminal Petition No.16717/2025, has observed as under: "8. The case of the prosecution is that accused No.1 instigated the first informant to invest money on the promise of receiving double the amount invested. Believing the words of accused No.1, the first informant, along with cash of Rs.2,00,000/-, went to Room No.107 of Delhi Darbar Hotel, Chamarajanagar, wherein four persons, along with one person in police uniform, came and took a total cash of Rs.3,00,000/- and further demanded payment of Rs.1,00,000/-. The first informant also - 7 - HC-KAR NC: 2026:KHC:8297 CRL.P No. 16387 of 2025 C/W CRL.P No. 16403 of 2025 transferred a sum of Rs.70,000/- through Google Pay to the contact number 9449576887, which stands in the name of Syed Imran, accused No.3. There is recovery of Rs.50,000/- from accused No.2 and Rs.70,000/- from accused No.3. 9. The further statement of the complainant was recorded on 13.08.2025. In that, he has stated that after coming out of the police station at about 3.30 a.m., he received a sum of Rs.3,70,000/- in cash from an unknown person, who asked him to withdraw the complaint. The charge sheet does not indicate that the first informant informing that he has received Rs.3,70,000/- immediately after filing the complaint at 03.30 a.m. to the Station House Officer. But he has stated the same on 13.08.2025 in his further statement. Even after receiving back the entire alleged robbed amount, there is a seizure of Rs.70,000/- and Rs.25,000/- by the Investigating Officer. 10. It is submitted by the learned counsel for the petitioner that, as the complainant received back the entire robbed amount of - 8 - HC-KAR NC: 2026:KHC:8297 CRL.P No. 16387 of 2025 C/W CRL.P No. 16403 of 2025 Rs.3,70,000/- on the very day of the complaint and did not inform the same to the police immediately, which give rise to doubt regarding the bonafides of the complainant, therefore, the complaint is doubtful. The alleged transfer of Rs.70,000/- by way of Google Pay by the complainant is to the account of accused No.3. The investigation is over and charge sheet has been filed and therefore the petitioner is not required for any further custodial interrogation. The petitioner has undertaken to appear before the Trial Court and abide by any conditions to be imposed by this Court. 7. The petitioners earlier had approached this Court in Criminal petition No.13168/2025 at a crime stage and it came to be rejected by order dated 08.10.2025 giving them liberty to file bail petition before the Sessions Court after filing of the charge sheet. Now, the charge sheet has been filed. 8. Except recovery of thirty seven (37) bundles containing five (5) genuine notes of Rs.500/- and other - 9 - HC-KAR NC: 2026:KHC:8297 CRL.P No. 16387 of 2025 C/W CRL.P No. 16403 of 2025 white papers from accused No.2 and Rs.25,000/- plus Rs.70,000/- from accused No.3 and seizing of their mobiles, the entire robbed amount of Rs.3,70,000/- has been received by C.W.1 on the day of filing the complaint. Whether the petitioners are involved in commission of offences alleged against them is a matter of trial. The petitioners are in judicial custody since 27.07.2025 and as the charge sheet is filed, they are not required for further custodial interrogation. There are no criminal antecedents of the petitioners. 9. Considering all the above aspects, the petitioners have made out a case for grant of bail with conditions. In the result, the following; ORDER Both Criminal Petitions are allowed. The petitioners/accused Nos.2 and 3 are granted bail in Crime No.132/2025 of Chamarajanagara Town Police Station, subject to following conditions: - 10 - HC-KAR NC: 2026:KHC:8297 CRL.P No. 16387 of 2025 C/W CRL.P No. 16403 of 2025 i) The petitioners/accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the Jurisdictional Court. ii) The petitioners/accused Nos.2 and 3 shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioners/accused Nos.2 and 3 shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 71