Citation : 2026 Latest Caselaw 1369 Kant
Judgement Date : 17 February, 2026
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CRL.P No. 16904 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. 16904 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. SAVIN KUMAR @ SOURABH
S/O KRISHNA MOHAN SINGH
AGED ABOUT 25 YEARS
R/AT. KATAHARA VILLAGE
SULTANGANJ TALUK
BHAGALPUR DISTRICT,
BIHAR STATE-812 005.
...PETITIONER
(BY SRI. ABHISHEK HUDDAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY DEVANAHALLI POLICE STATION
Digitally signed by BANGALORE, REPRESENTED BY S.P.P.,
LAKSHMINARAYANA
MURTHY RAJASHRI HIGH COURT PREMISES
Location: HIGH BANGALORE-560 001.
COURT OF
KARNATAKA
2. VIMMI TULSIYAN,
W/O OF AJIT TULSIYAN
AGED ABOUT 35 YEARS
R/AT. KRISHNA KUNJ HOUSE
DEFENCE COLONY, DEVANAHALLI TOWN
BENGALURU-562 110.
...RESPONDENTS
(BY SMT. WAHEEDA M M, HCGP FOR R1
V/O DTD. 9.1.26, R2 IS DELETED)
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NC: 2026:KHC:9444
CRL.P No. 16904 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.2 ON BAIL IN SC.No.15001/2023 OF
DEVANAHALLI P.S., BENGALURU RURAL DISTRICT, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 302, 201 R/W 34
OF IPC.
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. 2 under
Section 483 of BNSS praying to grant bail in S.C. No.
15001/2023 pending on the file of V Additional District
and Sessions Judge, Bengaluru Rural District sitting at
Devanahalli registered for offences under Section 302 and
201 read with Section 34 of IPC.
2. Heard learned counsel for petitioner and
learned HCGP for respondent - State.
3. Learned counsel for petitioner would contend
that petitioner is in judicial custody since 17.09.2022.
Prosecution has already examined 15 witnesses and it has
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HC-KAR
to examine the remaining cases. There is no recovery at
the instance of this petitioner. Recovery of cash, locker
cutting machine, gold and silver coins is at the instance of
accused No. 1 and accused No. 3 from the house of
C.W.20. Voluntary statement of this petitioner has been
recorded. He has stated that he has spent Rs.1,00,000/-
given to him out of the robbed amount as his share. There
are no criminal antecedents of the petitioner. Petitioner is
ready to abide by any conditions to be imposed by this
Court. With this he prayed to allow the petition.
4. Per contra, learned HCGP would contend that
the complainant has identified this petitioner as the person
who was working earlier in the Electric and Hardware Shop
of the husband of deceased. The CCTV footage has been
recovered wherein this petitioner is found carrying a bag.
The total robbed amount is Rs.14,00,000 and at the time
of robbery the accused persons have killed the deceased.
Petitioner was working in the Electric and Hardware Shop
of the C.W.1 and he was aware of the cash, gold and silver
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kept in the locker by C.W.1. He, along with the other
accused made a plan to rob the said cash, gold and silver.
In the process of robbery, they have killed the deceased.
The offence alleged against the petitioner is a heinous
offence punishable with death or imprisonment for life.
Petitioner is a resident of Bihar and if he is granted bail he
will flee from justice and not available for trail. With this
she prayed to reject the petition.
5. Having heard learned counsel for the parties,
the Court has perused the chargesheet and other
materials placed on record.
6. As per chargesheet case of the prosecution is
that accused Nos. 1 and 2 were working in Electric and
Hardware Shop of C.W.2. On 09.07.2022, they told
accused No. 3 that there are lakhs of Rupees in the house
of C.W.2 and aunty will be alone in their house and all the
three can go to their house, cut the locker and rob the
cash. In furtherance of the said plan, on 10.07.2022,
accused Nos. 1 to 3 have purchased a locker cutting
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machine and stayed in the house of younger brother of
accused No. 3 (C.W.20) in Bengaluru till 14.07.2022. On
15.07.2022 at about 08.30 am they carried the locker
cutting machine in a bag, purchased a knife and kept a
watch on movement of persons to the house of C.W.2. At
about 02.15 pm when C.W.1, C.W.3 and C.W.4 went out
of the house accused persons pressed the calling bell of
the house, deceased Smt. Anchala Tulsiyan opened the
door, accused persons told her that they have come for
work again and asked her to make a call to C.W.2. When
the deceased was picking up the phone-set kept on the
teepoy, at that time, accused No. 2 held the head and
mouth of deceased, accused No. 3 held the legs, made the
deceased to lie on the floor, at that time, accused No. 1
took the knife kept in the pocket of accused No. 2, went
behind the deceased, held her chest with left hand and slit
her neck with the right hand by using knife. Thereafter,
accused Nos. 1 to 3 took the cash locker box, wrapped it
in a bed sheet and took the cash kept in a carton box.
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Accused No. 2 took the CCTV camera and DVR set-up box
and went away. Thereafter all the accused persons cut the
locker and accused No. 1 took Rs.3,00,000/-. Remaining
amount was kept in a black plastic cover, kept it in the
locker and kept it in the plastic drum in the house of
C.W.20. On 18.07.2022, all the accused shared
Rs.1,00,000/- each out of the said Rs.3,00,000/- taken by
accused No. 1 out of the robbed amount. There is
recovery of cash of Rs.11,05,700, 15 silver coins, Mobile
purchased by accused No. 1 out of his share of amount.
Total robbed amount is Rs.14,05,700/-, 15 silver coins and
one golden coin.
7. Petitioner and accused No. 1 were working in
the shop of C.W.2 and were aware of C.W.2 keeping the
cash and gold in the locker in the house. They made a plan
with accused No. 3. At the time of robbery, they killed the
wife of C.W.2. The complainant has identified the
petitioner as the person who was working earlier in the
shop of C.W.2. The CCTV footage has been collected
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wherein the petitioner is found carrying a bag.
Chargesheet material indicates prima facie case against
the petitioner for offences alleged against him. Trial is in
progress. Prosecution has already examined 15 witnesses
and it has to examine the remaining witnesses. Petitioner
is a resident of Bihar and if he is granted bail, he will flee
from justice and not available for trial.
8. Considering the above aspects, petitioner has
not made out any ground for grant of bail.
In the result, petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 1 Sl No.: 40 Ct.sm
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