- 1 - HC-KAR NC: 2026:KHC:16345 CRL.P No. 1866 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1866 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: SIKANDARA MALANGASABA SHEKHA @ SIKANDARA MALANGASABA SHEKHA SON OF MALANGASABA SHEKHA, AGED ABOUT 38 YEARS, HORTHI VILLAGE, AMBEDKAR NAGARA, INDI TALUK, VIJAYAPURA DISTRICT. …PETITIONER (BY SRI. RAJASHEKHARA SEERI., ADVOCATE) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16345 CRL.P No. 1866 of 2026 AND: STATE OF KARNATAKA STATE PUBLIC PROSECUTOR, BY PEENYA P.S. HIGH COURT OF KARNATAKA, BANGALORE. …RESPONDENT (BY SMT.ANITHA GIRISH N.,HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE TOP NOTED PETITION BY GRANTING AN ORDER OF BAIL FOR THE OFFENCES PUNISHABLE U/SEC 309(4) OF BHARATIYA NYAYA SANHITA, 2023 AND SEC 27 OF ARMS ACT, IN S.C. NO. 1757/2025 IN CR.NO.460/2025 BY PEENYA P.S, PENDING BEFORE THE XXXI ACJM, BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:16345 CRL.P No. 1866 of 2026 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioner/accused No.5 is before this Court seeking the grant of regular bail in Crime No.460/2025 of the respondent police for the offence under Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, 1959. Brief facts of the case: 2. The case of the prosecution is that the complainant, on 14.08.2025, was waiting near Jalahalli Cross bus stop to go to his native. In the meantime, accused Nos. 1 to 3 came in the car bearing its registration No.KA-28/N-9348 and asked the complainant where he had to go. When he expressed that he had to go to Jogihally, Vijayapura District, they asked him to sit in a car and told him that they would charge Rs. 300/- to take him to his destination. Thereafter, it is alleged that accused Nos. 1 to 3 have committed robbery of Rs. 5,000/- and his iPhone and another phone by showing a gun. Thereafter, they left him near Siddharth Hospital situated at T.Begur and drove - 4 - HC-KAR NC: 2026:KHC:16345 CRL.P No. 1866 of 2026 away from the spot. The complainant, immediately after the incident, went to his house and, after discussing the matter with his family members and relatives, he lodged a complaint on 18.08.2025. The respondent-Police, after registering the case, conducted the investigation and submitted the charge sheet. 3. Heard Sri.Rajashekhara Seeri, learned counsel for the petitioner and Smt.Anitha Girish N., learned High Court Government Pleader for the respondent-State. 4. It is the submission of learned counsel for the petitioner that the petitioner is arrayed as accused No.5 and he has been implicated in this case based on the voluntary statement of the co-accused. The allegation made against the petitioner is that the petitioner had sold the gun to accused Nos. 1 to 3. However, there are no materials or documents to show that the petitioner had sold the said weapon to accused Nos. 1 to 3. Moreover, the entire case is based on the voluntary statement of the accused. Hence, the petitioner may be enlarged on bail by imposing suitable conditions. He will abide - 5 - HC-KAR NC: 2026:KHC:16345 CRL.P No. 1866 of 2026 by the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner had supplied a gun to the accused Nos. 1 to 3 without having any valid license or permit to sell the same. The other accused committed robbery of the complainant by using the said gun. The entire investigation would indicate that there is a chain link between accused No.1 to accused No.8. A serious allegation is made against the present petitioner in the charge sheet. Hence, it is not appropriate to grant him bail. Making such a submission, she prays to reject the petition. 6. Heard the learned counsel for the respective parties and perused the averments of the charge sheet, which would indicate that initially a complaint came to be registered by the complainant against three persons that they had committed robbery of Rs.5,000/- and an iphone, along with another phone from him in the name of giving drop to his native when he was - 6 - HC-KAR NC: 2026:KHC:16345 CRL.P No. 1866 of 2026 standing near bus stop to board a bus to his native place. The respondent police have conducted the investigation and received information that the present petitioner had sold one gun to the accused Nos. 1 to 3. However, the said fact has been disclosed by the co-accused. 7. Keeping in mind the nature and circumstances of the case, I am of the considered opinion that the petitioner has made out a case to grant him bail. 8. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail Crime No.460/2025 of respondent-police for the offence under Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of ARMS Act, 1959, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2026:KHC:16345 CRL.P No. 1866 of 2026 (iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not indulge in any criminal offences till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 39