IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12328 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SRI. BABAJAAN ALIAS BABU SON OF LATE ALLABAKASH AGED ABOUT 45 YEARS RESIDING AT HIREBIDANURU GOWRIBIDANURU TOWN CHIKKABALLAPURA DISTRICT PIN CODE : 562 101.

…PETITIONER Digitally signed by LAKSHMINAR AYANA (BY SRI GOPI P M, ADVOCATE)

MURTHY RAJASHRI Location: HIGH COURT OF AND:

KARNATAKA

1. STATE OF KARNATAKA BY GOWRIBIDANUR TOWN POLICE GOWRIBIDANUR TALUK REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001.

…RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP)

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

483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL FOR THE OFFENCE PUNISHABLE UNDER SECTION 61(2) (a), 310 (2) OF THE BHARATIYA NYAYA SANHITA 2023, RESPONDENT POLICE-GOWRIBIDANUR TOWN POLICE, GOWRIBIDANUR TALUK, IN C.C.No.961/2025 (CRIME No.30/2025) PENDING ON THE FILE OF LEARNED PRINCIPAL CIVIL JUDGE AND J.M.F.C, GOWRIBIDANUR 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

This petition is filed by accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.30/2025 of Gowribidanur Town Police Station registered for the offences under Section 61(2)(a), 310(2) of BNS.

2. Heard learned counsel for the petitioner and learned HCGP for respondent/State.

3. Learned counsel for the petitioner would contend that the allegation against the petitioner is that he instigated other accused persons to commit dacoity in the house of CW.1 and pursuant to that other accused committed dacoity in the house of CW.1. The petitioner was not present at the time of incident and he has not shared any robbed articles. As the charge sheet is filed the petitioner is not required for custodial interrogation. Accused Nos. 2, 5, 8, 9 and 11 have been granted bail by this Court. With this, he prayed to allow the petition.

4. Per contra, learned HCGP would contend that as per charge sheet, this petitioner had made a plan and instigated the other accused to commit dacoity in the house of CW.2 knowing that CW.2 possesses golden ornaments etc. This petitioner is a main person and offence alleged against him is punishable with imprisonment for life. If the petitioner is granted bail, he will commit similar offence and threaten the prosecution witnesses. With this, he prayed to reject the petition.

5. Having heard the learned counsel, the Court has perused the charge sheet records and other materials placed on record.

6. FIR in the present case has been registered against unknown persons. During the course of investigation petitioner herein was arrested on 01.03.2025. After completing the investigation, charge sheet has been filed against 11 persons and in the charge sheet petitioner is arraigned as accused No.1. Accused Nos.5, 8, 9 and 11 have been granted bail by this Court in Crl.P.No.5371/2025, Crl.P.No.4787/2025, Crl.P.No.4318/2025 and Crl.P.No.6885/2025. The robbed gold articles have been recovered from the possession of accused Nos.3 and 11. The allegation against this petitioner is that he is the main person. He made a plan and instigated other accused to commit dacoity in the house of CW.1. This petitioner was not present and not participated in the dacoity. There is no allegation of this petitioner sharing the robbed golden articles. There is no recovery of any robbed articles from the possession of this petitioner. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following:

ORDER

Petition is allowed. The petitioner is granted bail in Crime No.30/2025 of Gowribidanur Town Police subject to following con