IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11648 OF 2025 BETWEEN:

SRI SRIKANTH Y, S/O YELLAPPA, AGED ABOUT 25 YEARS, RESIDING AT LINGAPURA VILLAGE, HARAGADDE POST, ANEKAL TALUK, BANGALORE URBAN DISTRICT - 560 105.

…PETITIONER (BY SRI. RAJESH.A., ADVOCATE)

AND:

STATE BY BANASHANKARI POLICE STATION, BANGALORE - 560 050.

REPRESENTED BY Digitally signed STATE PUBLIC PROSECUTOR, by KAVYA R HIGH COURT OF KARNATAKA, Location: High Court of BENGALURU - 560 001.

Karnataka …RESPONDENT (BY SMT RASHMI PATEL, HCGP FOR R1)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN C.C.NO.22254/2025 IN CONNECTION WITH CR.NO.102/2025 REGISTERED BY RESPONDENT BANASHANKARI P.S. BENGALURU FOR AN OFFNCE P/U/S 238, 61, 310(2), 311 OF BNS 2023 AND SEC.25-1(B)(b), 4 OF ARMS ACT AGAINST THE PETITIONER / ACCUSED NO.5 HEREIN PENDING ON THE FILE OF THE LEARNED II A.C.J.M AT BENGALURU.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.5 in Crime No.102/2025 registered by Banashankari Police Station, Bangalore City for offences punishable under Sections 238, 61, 310(2), 311 of BNS, 2023 and Sections 25-1(B)(b) and 4 of the Arms Act is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.102/2025 was registered by Banashankari Police Station, Bangalore City against six unknown persons for offences punishable under Sections 310(2) and 311 of BNS, 2023, based on the first information dated 31.03.2025 submitted by Ramesh.T.

4. During the course of investigation, petitioner herein was arrested on 03.04.2025 and remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.6948/2025 which was dismissed as withdrawn with liberty to the petitioner to file a fresh bail petition before the Jurisdictional Sessions Court after the charge sheet is filed in the present case. After completing investigation charge sheet has been filed in the present case against eight persons for the aforesaid offences and petitioner is arraigned as accused No.5 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.5829/2025 was rejected on 19.07.2025. Therefore, petitioner is before this Court in this successive of bail petition.

5. Learned counsel for the petitioner having reiterated the grounds urged in this petition submits that petitioner has no criminal antecedents. The alleged offences are not exclusively punishable with death or life imprisonment. Alleged recovery from the petitioner cannot be believed, since the recovered amount of Rs.1,00,000/- was brought to the police station by the brother of the petitioner, when the petitioner was in custody.

Accordingly, he prays to allow this petition.

6. Per contra, learned HCGP has opposed the petition. She submits that the other accused persons are persons with criminal antecedents and a sum of Rs.1,00,000/- has been recovered at the instance of the petitioner. Accordingly, she prays to dismiss this petition.

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, gol