Citation : 2026 Latest Caselaw 1002 Kant
Judgement Date : 9 February, 2026
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NC: 2026:KHC:7599
CRL.P No. 17605 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17605 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
MR. MUHEEB S @ GUDDU
S/O MR. SYED RIZWAN
AGED ABOUT 30 YEARS
R/AT NO.136, CHIKKABETTAHALLI
YELAHANKA MAIN ROAD
VIDYARANYAPURA
BANGALORE-560 097
...PETITIONER
(BY SRI. SADANAND G. SHASTRI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY VIDYARANYAPURA POLICE
Digitally signed by
LAKSHMINARAYANA BY LEARNED SPP
MURTHY RAJASHRI
Location: HIGH HIGH COURT OF KARNATAKA
COURT OF
KARNATAKA AMBEDKAR VEEDHI
BANGALORE-560 001
...RESPONDENT
(BY SMT. WAHEEDA, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C
(FILED UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGE
THE PETITIONER ON REGULAR BAIL FOR THE ALLEGED
OFFENCE PUNISHABLE UNDER SECTIONS 310(2),61(2) OF BNS
2023 IN C.C.NO.36360/2025 AT ANNEXURE-D ON THE FILE OF
THE COURT OF VII A.C.M.M NOW COMMITTED TO CITY CIVIL
AND SESSIONS JUDGE AT BENGALURU.
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NC: 2026:KHC:7599
CRL.P No. 17605 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by accused No. 7 under
Section 483 of BNSS praying to grant bail in C.C. No.
36360/2025, pending on the file of VII Additional Chief
Metropolitan Magistrate, Bengaluru, registered for offences
under Sections 310(2) and 61(2) of BNS.
2. Heard learned counsel for petitioner and
learned HCGP for respondent - State.
3. Learned counsel for petitioner would contend
that the allegation against the petitioner is that he was
standing outside the premises in order to see that nobody
enters the premises and was watching other persons. No
fingerprints of the petitioner were recovered on the
shutters which is alleged to have been closed by the
petitioner. Even on the cash seized i.e. Rs.1,00,000/- no
finger print of the petitioner was found. there are no
eyewitnesses to the incident. C.W.1 and C.W.2 have not
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identified the petitioner. On arrest of the petitioner, no
cash has been found with him and the cash which has
been seized is from the Swift car. Investigating Officer has
noted in the spot mahazar that there are no clues or
incriminating materials on the spot. There are no criminal
antecedents of the petitioner. No Test Identification Parade
has been conducted. Petitioner is in judicial custody since
last seven months. Wife of the petitioner is admitted for
delivery. As charge sheet is filed, petitioner is not required
for custodial interrogation. With this he prayed to allow the
petition.
4. Per contra, learned HCGP would contend that
charge sheet material indicate participation of the
petitioner in the alleged crime. Petitioner was standing
outside the door of the premises and he closed the
shutters. There is recovery of Rs.1,00,000/- from the
petitioner. C.W. 1 and C.W.2 in their statements recorded
under Section 183 of BNSS have stated that they will
identify the accused persons. The offence alleged against
the petitioner is a heinous offence punishable with
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imprisonment for 10 years. On these grounds, she prayed
to reject the petition.
5. Having heard learned counsel for the parties,
the Court has perused the charge sheet and other
materials placed on record.
6. As per the charge sheet, the case of the
prosecution is that, accused Nos.2, 3, 10 and 16 have
contacted C.W.3 and C.W.4 through C.W.1 and C.W.2 and
told them that, if they invested Rs. Two crores, they will
convert the same to USDT to worth of Rs. Three crores
and including GST, the said amount will be credited to
their bank account. They contacted accused Nos.17 and 18
through accused No.4, and made a plan to rob the
amount. The accused No.4 has contacted his
brothers/accused No.11 and 12 and discussed regarding
the plan, and planned to commit the said offence in A K
Enterprises situated in Second Floor. And that on
25.06.2025, accused Nos.1 to 14 and 16 along with
accused Nos.17 and 18 gathered in a shed, and secured
C.W.3 and C.W.4 through C.W.1 and C.W.2 to the said
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HC-KAR
spot, with an intent to rob the amount brought to the tune
of Rs..Two crores. On the same day at about 03.30 p.m.,
in the shop of accused No. 4, C.W.1 and C.W.2 have
brought Rs..Two crores cash, and as per the plan, accused
No.1 had kept knife on the neck of accused No.9 and
robbed his Samsung mobile. The accused No.8 has kept
knife to the neck of accused No.10 and robbed one mobile
and made a drama to that C.W.1 and C.W.2 could not
come to know about their plan for robbery. The accused
No.14 has kept machete to the neck of C.W.1 and robbed
one mobile. The accused No.13 kept a long chopper to the
neck of C.W.2 and robbed one mobile, and created a fear
of loss of life to them.
7. Accused Nos.4 to 9 and accused Nos.13 and 14
have robbed Rs. Two crores brought by C.W.1 and C.W.2
belonging to C.W.3 and C.W.4. The accused Nos.1 to 3,
10, 12, 15, 16, 17 and 18 have made a drama that they
are not aware of anything, and made believed C.W.1 and
C.W.2 and facilitated accused Nos.4 to 9, 13 and 14 to rob
the amount. The accused Nos.1 to 3, 10 and 16 to show
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that they are not involved in the offence and to escape,
the accused No.3 who is petitioner herein has dialed
112/Control Room, and gave information regarding
robbery.
8. Accused Nos.1 to 3 and 16 escaped from the
spot. The accused No.10 has told that the amount robbed
belongs to him and accused Nos.1 and 2 have committed
the said offence and gave false information to the police
station. The accused No.4 took Rs.70,00,000/- of robbed
amount of Rs.Two crores. The accused No.5 took
Rs.2,00,000/-. The accused No.6 took Rs.2,00,000/-. The
accused No.7 took Rs.2,00,000/-. The accused No.8 took
Rs.10,00,000/-. The accused No.9 took Rs.5,00,000/-. The
accused No.11 took Rs.10,00,000/-. The accused No.12
took Rs.4,00,000/-. The accused No.13 took Rs.4,00,000/-
The accused No.14 took Rs.2,00,000/-, and accused No.15
took Rs.5,00,000/-, and the remaining amount of
Rs.84,00,000/- has been kept for distributing it among
accused Nos. 1 to 3, 10, 16, 17 and 18 in the shed by
accused Nos.4 and 7.
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9. There is recovery of Rs.61,72,500/- from
accused No.4, Rs.50,000/- from accused No.5,
Rs.50,000/- from accused No.6, Rs1,00,000/- from
accused No.7, Rs.3,00,000/- from accused No.8,
Rs.1,80,000/- from accused No.9, Rs.1,40,000/- from
accused No.11, Rs.2,00,000/- from accused No.12,
Rs.2,50,000/- from accused No.13, Rs.1,20,000/- from
accused No.14, Rs.1,74,500/- from accused No.15 and
Rs.30,00,000 out of Rs.84,00,000 kept hidden, and
accused Nos.4 to 7 stated to have hidden remaining
Rs.54,00,000/-.
10. Petitioner had received his share of
Rs.1,00,000/- out of the robbed amount and the same has
been seized at the instance of petitioner. Charge sheet
material will show prima facie case against the petitioner
for offences alleged against him. In the voluntary
statements of accused Nos. 1 and 2 they have clearly
indicated the role of this petitioner participating in the
alleged robbery. The offence alleged against the petitioner
is a heinous offence punishable with imprisonment for 10
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years. If the petitioner is granted bail there are chances of
he threatening the prosecution witnesses and committing
similar offences. Merely because petitioner's wife is
admitted for delivery is not a ground for grant of bail as
the offence alleged against him is a heinous offence. This
Court has rejected the bail petition of accused No. 3 by
order dated 10.11.2025 passed in Crl.P. No. 12925/2025
and of accused No.15 by the order dated 16.12.2025
passed in Crl.P. No. 15491/2025.
11. Considering the above aspects, petitioner has
not made out any grounds for grant of bail.
In the result, petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 1 Sl No.: 18
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