IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13495 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. ANANDA U S S/O SATHYADEVAN AGE ABOUT 43 YEARS R/AT: ALETTY HOUSE ALETTY, SULIA TALUK MANGALURU D K DISTRICT – 574 239.

…PETITIONER (BY SRI LETHIF B, ADVOCATE)

Digitally signed by LAKSHMINARA YANA MURTHY RAJASHRI AND:

Locatio n: HIGH COURT OF KARNATAKA

1. THE STATE OF KARNATAKA BY MANGALURU RURAL POLICE STATION D K DISTRICT REP. BY SPPHIGH COURT BUILDING BANGALORE – 560 001.

…RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP)

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

483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.No.75/2025 OF MANGALURU RURAL P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 4,25(1B)(b) OF ARMS ACT, U/S 310(4),310(5) OF BNS, PENDING ON THE FILE OF JMFC III COURT, MANGALURU, D.K DISTRICT AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

1. This petition is filed by accused No. 3 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in a crime No. 75/2025 of Mangaluru Rural Police Station registered for offence under Sections 4, 25(1B)(b) of Arms Act and Section 310(4), 310(5) of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’).

2. Heard learned counsel for petitioner and learned HCGP for respondent - State.

3. Learned counsel for petitioner would contend that the petitioner and other two persons were caught by the Police alleging that they had gathered for preparing to commit dacoity and at that time other two persons ran away. Major portion of the investigation is over. There is seizure of long chopper and other articles at the instance of this petitioner and other accused. Therefore, the petitioner is not required for further custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. With this he prayed to allow the petition.

4. Per contra learned HCGP would contend that this petitioner has been caught along with other two persons at the time of preparing to commit dacoity and at that time two persons ran away. There is recovery of one long chopper and other articles and that itself indicates that the accused persons had gathered in order to prepare to commit dacoity. Investigation is in progress and if the petitioner is granted bail there are chances of he hampering investigation and tampering with prosecution witnesses. Petitioner is also involved in crime No. 62/2022 of Sullia Police Station registered for offence under Sections 307, 34 of IPC and Section 25 of Arms Act.

With this he prayed to reject the petition.

5. Having heard learned counsel for the parties this Court has perused the FIR, complaint and other materials placed on record.

6. Petitioner and two other persons were caught by the Police when they and other two persons had gathered alleging that they had gathered for preparing to commit dacoity and they were armed with weapons. The arms, stated to be long chopper, kept under the seat of the car has been seized from each of accused, i.e., accused Nos. 1 to 3 along with monkey cap, chilli powder etc. Petitioner is in judicial custody since 25.08.2025 and therefore he is not required for further custodial interrogation. Major portion of the investigation is already completed. The offence alleged against the petitioner is not punishable either with the death or imprisonment for life. Crime earlier registered against this petitioner is not for similar offence. Considering all these aspects, the petitioner has made out case for grant of bail with conditions.

7. In the result, the following;

O R D E R

Petition is allowed. Petitioner is granted bail in crime No. 75/2025 of Mangaluru Rural Police Station subject to following conditions.

I. Petitioner shall execut