Citation : 2026 Latest Caselaw 1365 Kant
Judgement Date : 17 February, 2026
-1-
NC: 2026:KHC:9607
CRL.P No. 8527 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 8527 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
MANOJ
S/O SOHANLAL,
AGED ABOUT 36 YEARS,
R/AT: CHAPPAR COLONY, BORAVAT,
MAKRANA TALUK,
NAGPUR DIST.
RAJASTHAN - 341 505.
...PETITIONER
(BY SRI. G.M. SHARATH KUMAR, ADVOCATE)
AND:
STATE OF KARNATAKA BY
TIPTUR TOWN POLICE STATION,
Digitally signed by
REPRESENTED BY ITS
LAKSHMINARAYANA STATE PUBLIC PROSECUTOR,
MURTHY RAJASHRI
Location: HIGH
HIGH COURT BUILDING,
COURT OF BENGALURU - 560 001.
KARNATAKA
...RESPONDENT
(BY SRI. HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C
(UNDER SECTION 483 BNSS) PRAYING TO RELEASE THE
PETITIONER/ACCUSED NO.3 ON BAIL IN SC.NO.10041/2024
OF CRIME NO.22/2024 REGISTERED BY THE TIPTUR TOWN
POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER
-2-
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CRL.P No. 8527 of 2025
HC-KAR
SECTIONS 400, 399, 402, 120-B OF IPC AND UNDER SECTION
25 OF INDIAN ARMS ACT, 1959, PENDING ON THE FILE OF V
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT TIPTUR, BY
ALLOWING THE APPLICATION.
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.3 under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in Crime No.22/2024 of Tiptur Town Police
Station registered for offences punishable under Sections
400, 399, 402 and 120B of Indian Penal Code and under
Section 25 of Indian Arms Act, 1959, pending in
S.C.No.10041/2024 on the file of V Additional District and
Sessions Judge, Tumakuru, sitting at Tiptur.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
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HC-KAR
3. Learned counsel for petitioner would contend
that, the petitioner has been implicated only on the basis
of the statement of accused Nos.1 and 2. There is no
recovery of any articles at the instance of this petitioner.
As the charge sheet is filed, the petitioner is not required
for further custodial interrogation. The petitioner is in
judicial custody since last two (2) years. With these, he
prayed to allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, accused No.4
who is similarly placed to that of this petitioner and his bail
petition has been rejected by this Court in Criminal
Petition No.12500/2024. The petitioner is a resident of
Rajasthan. The petitioner and other accused were found
gathering together holding deadly weapons, chilli powder
etc. in order to rob the persons. The petitioner is stated to
have purchased the said articles namely ten (10) axel
blades, frame of axel blade, hammer, rods etc. The
petitioner and accused No.4 stated to have ran away from
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the spot on seeing the Police. The petitioner is having
criminal antecedents involved in four (4) cases registered
in Rajasthan which are as under:
i) Crime No.124/2007, Lojal Sikar Police Station, registered for offences punishable under Sections 323 and 336 of Indian Penal Code.
ii) Crime No.191/2009, registered for offences punishable under Sections 302, 457 and 380 of Indian Penal Code.
iii) Crime No.5/2019 of Kunkuna Police Station, registered for offences punishable under Sections 457 and 380 of Indian Penal Code.
iv) Crime No.6/2024 of Didavana Police Station, registered for offences punishable under Sections 457 and 380 of Indian Penal Code.
The petitioner is a resident of Rajasthan. If the
petitioner is granted bail, there are chances of he again
committing similar offence, flee from justice and not
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available for trial. With these, he 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. As per the charge sheet, the case of the
prosecution is that, accused Nos.1 to 5 were gathering and
holding country pistol, live bullets and other articles on
25.01.2024 at 04.00 a.m. in front of Kumar Hospital, Fort
Area and on seeing the Police, three persons ran away and
accused Nos.1 and 2 were caught. There is a seizure of
country pistol, axel blades, frame of axel blade, hammer,
rods, chilli powder etc. from accused Nos.1 and 2. The
name of this petitioner has been revealed by accused
Nos.1 and 2 as one of the persons who ran away. The
petitioner has been arrested on 17.02.2024 and since then
he is in judicial custody. The petitioner is having criminal
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antecedents and involved in four (4) cases registered
against him in Rajasthan, which are as under:
i) Crime No.124/2007, Lojal Sikar Police Station, registered for offences punishable under Sections 323 and 336 of Indian Penal Code.
ii) Crime No.191/2009, registered for offences punishable under Sections 302, 457 and 380 of Indian Penal Code.
iii) Crime No.5/2019 of Kunkuna Police Station, registered for offences punishable under Sections 457 and 380 of Indian Penal Code.
iv) Crime No.6/2024 of Didavana Police Station, registered for offences punishable under Sections 457 and 380 of Indian Penal Code.
Accused No.4 is also having criminal antecedents
involved in four crimes registered in Rajasthan and his bail
petition has been rejected by this Court in Criminal
Petition No.12500/2024 by order dated 23.01.2025.
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7. If the petitioner is granted bail, there are
chances of he committing similar offence and flee from
justice.
8. Considering all the above aspects, the petitioner
has not made out any grounds for grant of bail. In the
result, the Criminal Petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 41
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