IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14960 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SRI ANIL KUMAR H S/O. HANUMAPPA AGED ABOUT 26 YEARS R/AT. SRIRANGABANDAHALLI VILLAGE BANGARPET TALUK KGF - 563 114.

2. SRI. KIRAN N S/O. NARAYANAPPA AGED ABOUT 25 YEARS R/AT. GAJAGA VILLAGE BANGARPET TALUK KGF - 563 114.

3. SRI. BABU. T S/O THIMMARAYAPPA Digitally signed by AGED ABOUT 26 YEARS LAKSHMINARAYANA MURTHY RAJASHRI R/AT. KOMMANAHALLI VILLAGE, Location: HIGH COURT OF MALUR TALUK, KOLAR- 563 137 KARNATAKA …PETITIONERS (BY SRI. RAGHAVENDRA A V, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY THE POLICE OF BUDIKOTE POLICE STATION, KGF DISTRICT – 563 147.

REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE.

…RESPONDENT (BY SMT. RASHMI PATEL, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S

483 BNSS) PRAYING TO ENLARGE/RELEASE THE PETITIONERS/ACCUSED NOs.3 TO 5 ON BAIL IN SC.NO.159/2025 WHICH IS REGISTERED IN CR.No.42/2025, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 310(2) OF BNS, 2023, PENDING ON THE FILE OF THE LEARNED HON’BLE III ADDL. DISTRICT AND SESSIONS JUDGE, 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 Nos.3 to 5 under Section 483 of BNSS praying to grant bail in S.C.No.159/2025 arising out of Crime No.42/2025 of Budikote Police Station registered for offences punishable under Section 310(2) of BNS pending on the file of III Additional District and Sessions Judge, Kolar.

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State.

3. Learned counsel for the petitioner would contend that FIR came to be registered against accused Nos.1 and 2 and others for offence punishable under Section 309 of BNS. After investigation, the charge sheet has been filed against accused Nos.1 to 5 for offence under Section 310 (2) of BNS. Names of these petitioners are not stated in the complaint. The allegation against these petitioners in the charge sheet is threatening the victims to kill them if they do not give money to them. The investigation is over. The charge sheet has been filed and therefore, petitioners are not required for custodial interrogation. There is no recovery at the instance of these petitioners. No Test Identification Parade has been conducted. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that there is recovery of bike and cash at the instance of accused No.1. The petitioners have participated in commission of the offence. The offence alleged against the petitioners is heinous offence. The charge sheet materials show prima face case against petitioners for offence alleged against them. With this, she prayed to reject the petition.

5. Having heard learned counsels, the Court has perused the FIR, complaint, charge sheet and other materials placed on the record.

6. As per charge sheet, the allegation against these petitioners is that at the time of incident when accused Nos.1 and 2 have demanded money from the victims, at that time the petitioners -accused no. 3, 4 and 5 threatened to kill them if they do not give money. There is no any recovery from petitioners. The petitioners are in judicial custody since 21.05.2025 and as the charge sheet is filed, petitioners are not required for custodial interrogation. There are no criminal antecedents of petitioners. The petitioners have undertaken to abide by any conditions to be imposed by this Court. Considering the above aspects, petitioners have made out case for grant of bail with conditions.

7. In the result, the following ORDER i) The petition is allowed.

ii) The petitioners are granted bail in in S.C.No.159/2025 arising out of Crime No.42/2025 of Budiko