[Cites 6, Cited by 0]
Karnataka High Court
Sameer Pasha vs The State Of Karnataka on 6 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:7131
CRL.P No. 16832 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16832 OF 2025
(439(Cr.PC) / 483(BNSS))
BETWEEN:
1. SAMEER PASHA
S/O ASTHER HUSSAIN
AGED ABOUT 24 YEARS,
R/AT NO.23, 4TH CROSS
BHARATHNAGAR
MYSORE CITY
MYSORE-570001
...PETITIONER
(BY SRI. SREEDHARA G.R.,ADVOCATE)
AND:
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
COURT OF
1. THE STATE OF KARNATAKA
KARNATAKA BY KOLAR RURAL POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS,
DR.B.R.AMBEDKAR VEEDI,
BENGALURU-560001
...RESPONDENT
(BY Smt.WAHEEDA M M, HCGP)
-2-
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CRL.P No. 16832 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNNS) PRAYING TO ORDER FOR HIS RELEASE ON
REGULAR BAIL IN C.C.NO.3184/2025 IN CR.NO.294/2025
(ACCUSED NO.3) FOR THE OFFENCES P/U/S 310(2) OF BNS
2023, REGISTERED BY THE KOLAR RURAL P.S., NOW PENDING
ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE
AND CHIEF JUDICIAL MAGISTRATE AT KOLAR.
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 Nagarik Suraksha Sanhita, 2023 praying
to grant bail in Crime No.294/2025 of Kolar Rural Police
Station registered for offence punishable under Section
310(2) of Bharatiya Nyaya Sanhita, 2023.
2. Heard the learned counsel for petitioner and the
learned High Court Government Pleader for
respondent/State.
3. The learned counsel for the petitioner would
contend that the mobile phones, which are stated to have
been given by the petitioner to one Ibrahim, were seized
from the house of the said Ibrahim through Ibrahim's
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father. The statement of Ibrahim has not been recorded.
The petitioner is a resident of Mysuru, whereas the alleged
incident is stated to have taken place at Kolar. The
recovery of ₹5,500/- is from accused No.1, which was
kept in his two-wheeler. The petitioner has wife and minor
children and is the sole breadwinner of the family. As the
charge sheet is filed, and the petitioner is not required for
custodial interrogation. With this, he prayed to allow the
petition.
4. Per contra, the learned High Court Government
would contend that the charge sheet materials show a
prima facie case against the petitioner. The mobile phone
given by this petitioner to Ibrahim has been seized from
the house of the said Ibrahim produced by father of
Ibrahim. The petitioner has been identified in Test
Identification Parade by the victim. The petitioner is
having criminal antecedents and is involved in Crime
No.53/2024 of Anekal Police Station, registered for the
offences punishable under Sections 399 and 402 of the
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IPC, and in Crime No.253/2025 of T. Narsipura Police
Station, registered for the offence punishable under
Section 310(2) of the Bharatiya Nyaya Sanhita. The
petitioner is in the habit of committing similar offence. The
offence alleged against the petitioner is a heinous offence.
The Investigating Officer has prayed for further
investigation regarding the recording of the statement of
Ibrahim and the alleged transfer of money by the
complainant through Phonepe. If the petitioner is granted
bail, there are chances of him repeating similar offence
and hampering further investigation. With this, she prayed
to reject the petition.
5. Having heard the learned counsel, 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 the accused Nos.1 to 6 made a plan to
rob. In furtherance of the said plan on 20.07.2025, when
CW1 was riding his two-wheeler carrying the money
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collected towards his finance, accused No.6 stopped him
and showed a knife. Thereafter, all the accused threatened
CW1 and CW2 and they robbed Rs.11,000/- which was in
the pocket of CW1 and took him in the car. Accused No.6
shown a knife to him and got the PIN number of Phonepe
and got transferred Rs.40,000/- and similarly got
transferred Rs.5,000/ from CW2 and robbed the mobile
phones of CW1 and CW2 and threatened them. The
accused Nos.1, 2, 3, 5 and 6 were arrested. The test
identification has been conducted. CW1 and CW2 have
identified the petitioner. The mobile phones given by this
petitioner to one Ibrahim have been seized from his house
and they have been produced by father of Ibrahim.
7. The Investigating Officer sought for permission
of the jurisdictional Court for conducting further
investigation to record statement of Ibrahim and also to
ascertain for whose Phonepe the money has been
transferred. The charge sheet materials show a prima facie
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case against the petitioner for the offence alleged against
him.
8. The petitioner is having criminal antecedents
and he is involved in two crimes as noted supra. One of
the crimes by the petitioner is similar offence under
Section 310(2) of BNS registered in Crime No.253/2025 of
T Narasipura Police Station. Considering the same, the
petitioner is in the habit of committing similar offence. If
the petitioner is granted bail, there are chances of
committing similar offence and threatening the
prosecution witnesses and hamper the further
investigation.
9. Considering the said aspects, the petitioner has
not made out any case for grant of bail.
In the result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
BKM
List No.: 1 Sl No.: 31
