Manohar V vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by accused No.4 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.102/2025 of Banashankari Police Station registered for offences punishable under Sections 238, 61, 310(2) AND 311 OF Bharatiya Nyaya Sanhita, 2023 and under Section 25(1)(B)(b)4 of Arms Act, 1959, pending in S.C.No.1196/2025 on the file of LXIX Additional City Civil and Sessions Judge, Bengaluru.

Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State.

Learned counsel for petitioner would contend that, the name of the petitioner has not been shown as accused in the FIR. No test identification has been conducted. The share of Rs.50,000/- received by the petitioner out of the robbed amount has been seized at the instance of the petitioner under mahazar. Accused No.5 who is similarly placed to that of this petitioner has been granted bail by this Court in Criminal Petition No.11648/2025 by order dated 05.11.2025. Therefore, the petitioner is entitled for grant of bail on the ground of parity. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner is youngster aged about twenty five (25) years. With these, he prayed to allow the petition.

Per contra, learned High Court Government Pleader for respondent would contend that, there is a serious overtact alleged against this petitioner entering the room and robbing Rs.10,00,000/-, 700 gms. Gold ornaments, mobiles and clothes. Out of the robbed amount, he has received Rs.50,000/- as his share and the said amount has been recovered at the instance of the petitioner. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, she prayed for dismissal of the petition.

Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.

The co-ordinate Bench of this Court while granting bail to accused No.5 in the order dated 05.11.2025 passed in Criminal Petition No.11648/2025 has observed as under:

"7. FIR in the present case was registered against six unknown persons based on the first information submitted by one Ramesh.T, who has alleged that on 31.03.2025, when he and his friends were indulged in playing cards in room No.201 of B.V.K. Club at Banashankari 2nd Stage, Bangalore, at about 06:00 p.m., five strangers aged between 20 to 35 years wearing mask and cap, entered into the room armed with deadly weapons and one amongst them assaulted his friend Anand and caused blood injuries. The other accused threatened the first informant and his friends and snatched a sum of Rs.10,00,000/- in cash, gold jewellery weighing about 700 grams and their mobile phones and thereafter locked the door of the room and escaped.

During the course of investigation, petitioner herein was arrested on 03.04.2025. After completing investigation, charge sheet has been filed against eight persons for the aforesaid offences. As per the charge sheet allegations, accused No.8 is a rowdy sheeter and he was in need of money to meet his litigation expenses. He had informed accused No.1 about the same and accused No.1 who used to play cards in B.V.K. Club at Banashankari, informed accused No.8 on 30.03.2025 that on 31.03.2025 to celebrate Ugadi Festival, affluent people come to the club and play cards and accordingly they hatched a plan to rob them on 31.03.2025. Accused No.8 accordingly contacted accused No.2, who brought along with him accused Nos.3 to 7 and they together conspired to commit robbery in the premises of the club on 31.03.2025. In furtherance of the conspiracy, on 31.03.2025, accused No.1 had gone to the club on the pretext of playing cards and had given information to the other accused and as per the plan, accused Nos.2 to 7 came near the club and while accused No.6 stayed outside the club premises, accused Nos.2 to 5 and 7 entered room No.201 in the premises of B.V.K club and by threatening the first informant and his friends who were playing cards, they snatched cash of Rs.10,00,000/-, gold jewellery weighing about 700 grams and the mobile phones of the inmates in room No.201 and thereafter escaped from the spot after locking the room from outside."

The accusation against this petitioner and accused No.5 are similar. There are no criminal antecedents of the petitioner. The petitioner is a youngster aged about twenty five (25) years and he is in custody since 03.04.2025. The investigation has been completed and the charge sheet has been filed. The offences alleged against the petitioner are not exclusively punishable with death or imprisonment for life.

Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed. The petitioner is granted bail in Crime No.102/2025 of Banashankari Police Station, pending in S.C.No.1196/2025 on the file of LXIX Additional City Civil and Sessions Judge, Bengaluru, subject to following conditions:

i) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.

ii) The petitioner shall appear regularly on all the dates of hearing before the trial Court unless the trial Court exempts his appearance for valid reasons.

iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses.

iv) The petitioner shall not involve in similar offences in future.

v) The petitioner shall not leave the jurisdiction of the trial Court without permission of the said Court until the case registered against him is disposed off.