Citation : 2026 Latest Caselaw 1546 Kant
Judgement Date : 20 February, 2026
-1-
NC: 2026:KHC:10494
CRL.P No. 16636 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16636 OF 2025
(439(Cr.PC) / 483(BNSS))
BETWEEN:
1. MR. SYED SAIF
S/O LATE SYED MOULA
AGED ABOUT 24 YEARS
R/AT NO.321,
2ND CROSS
RAJIV GANDHI NAGARA
NEAR SAMBRAM COLLEGE
M.S.PALYA,
VIDYARANYAPURA
BENGALURU- 560097.
...PETITIONER
Digitally signed by
LAKSHMINARAYANA (BY SRI.R PRASANNA RAO, ADVOCATE)
MURTHY RAJASHRI
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA BY
VIDYARANYAPURA POLICE STATION
BENGALURU
...RESPONDENT
(BY SRI.MOHD. AYUB ALI, ADDL. SPP)
-2-
NC: 2026:KHC:10494
CRL.P No. 16636 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNNS) PRAYING TO GRANT AN ORDER OF REGULAR
BAIL AND DIRECTING TO THE PRISON AUTHORITY RELEASE
ON BAIL IN THE CRIME NO.385/2025 OF VIDYARANAPURA
POLICE STATION PENDING BEFORE THE VII ADDITIONAL
CHIEF JUDICIAL MAGISTRATE AT BENGALURU FOR THE
OFFENCES U/S 311 OF BNS.
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 sole accused under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying
to grant bail in Crime No.385/2025 of Vidyaranyapura
Police Station registered for the offence punishable under
Section 311 of Bharaitya Nayay Sanhita, 2023.
2. The learned counsel for petitioner and the
learned Additional State Public Prosecutor for
respondent/State.
3. The learned counsel for petitioner would
contend that the incident has taken place on 07.11.2025
and the complaint has been filed on 09.11.2025 and there
is a delay in filing the complaint. The complainant has not
NC: 2026:KHC:10494
HC-KAR
stated the features of the accused in the averments of the
complaint. The bike number used by the
petitioner/accused has not been mentioned in the
complainant. The bike and knife have been recovered from
the petitioner. In the Test Identification Parade records,
the signature of the petitioner is not forthcoming. There
are no criminal antecedents of the petitioner. The
petitioner is aged 24 years. With this, he prayed to allow
the petition.
4. Per contra, the Additional State Public
Prosecutor for respondent/State would contend that there
is no mandate that the signature of the accused person
has to be taken on records of the Test Identification
Parade. The Test Identification Parade has been conducted
by the learned Magistrate in the prison. In the Test
Identification Parade, the victim has identified the
petitioner. As the person who has robbed his cash by
showing a deadly weapon, the weapon and the bike have
been seized at the instance of the petitioner. The charge
NC: 2026:KHC:10494
HC-KAR
sheet materials show a prima facie case against the
petitioner. The offence alleged is provided with
punishment of imprisonment not less than seven years. If
the petitioner is granted bail, there are chances of he
again committing similar offence. With this, he prayed to
reject the petition.
5. Having heard the learned, 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 on 07.11.2025 at about 03.00 p.m.,
when CW1/first informant was walking along the road, an
unknown person came on a scooter, stopped him, shown a
machete-like long chopper, and threatened him to hand
over money. It is alleged that the said person robbed a
sum of Rs.3,600/-, threw the victim's mobile phone on the
ground, threatened to kill him if he informed anyone about
NC: 2026:KHC:10494
HC-KAR
the incident, and thereafter fled away from the spot on the
scooter.
7. After arrest of this petitioner, there is a
recovery of weapon and bike used by the petitioner at his
instance. The test identification parade has been
conducted wherein the first informant has identified the
petitioner as the person who robbed the cash from him by
showing deadly weapon. There is no any mandate to take
signature of the petitioner on the records of test
identification parade as contended by the learned counsel
for petitioner. The offence alleged against the petitioner is
provided with sentence of imprisonment not less than
seven years. If the petitioner is granted bail, there are
chances of he committing similar offence, and threatening
the prosecution witnesses.
8. Considering the above aspects, the petitioner
has not paid out any grounds for grant of bail.
NC: 2026:KHC:10494
HC-KAR
In the result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
BKM List No.: 1 Sl No.: 36
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