[Cites 5, Cited by 0]
Karnataka High Court
Sri Syed Imran vs State By Town Police on 11 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:8297
CRL.P No. 16387 of 2025
C/W CRL.P No. 16403 of 2025
HC-KAR
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
Digitally signed by (BY SRI. P.P. HEGDE, SENIOR COUNSEL FOR
LAKSHMINARAYANA
MURTHY RAJASHRI SRI. PRASANNA KUMAR B., ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
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)
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CRL.P No. 16387 of 2025
C/W CRL.P No. 16403 of 2025
HC-KAR
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)
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CRL.P No. 16387 of 2025
C/W CRL.P No. 16403 of 2025
HC-KAR
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.
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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
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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
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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
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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
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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
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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:
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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
