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NC: 2026:KHC:16555 CRL.P No. 397 of 2026

HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH

CRIMINAL PETITION NO. 397 OF 2026

(439(Cr.PC) / 483(BNSS))

BETWEEN:

MR. SHASHI TEWAR @ BHASKARA BELCHAPADA

S/O LATE RAM BELCHAPADA, AGED ABOUT 68 YEARS,

R/AT CHENNAYYA MOOLE, KANYANA, NEAR RIVER,

KANYANA, VITTLA, Digitally signed by DAKSHINA KANNADA - 574 279.

PAVITHRA …PETITIONER N Location: (BY SRI. ASHWIN JOYSTON KUTINHA.,ADVOCATE)

High Court of Karnataka

AND:

STATE OF KARNATAKA THROUGH ULLALA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING,

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NC: 2026:KHC:16555 CRL.P No. 397 of 2026

HC-KAR BENGALURU – 560 001.

…RESPONDENT

(BY MS. ASMA KOUSER.,ADDL. SPP)

THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS)

PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL CONDITIONALLY PENDING TRIAL IN SC.NO.134/2025, FOR THE OFFENCES P/U/S 126(2), 127(7), 309(4), 310(2), 351(2), 324(6), 331(5), 61, 238, 311, 317(3), 317(5) OF BNS, U/S 3(1),4,25(1b)(b),27(1) OF ARMS ACT, PENDING ON THE FILE OF THE HON’BLE VI ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, WHICH IS REGISTERED IN PURSUANCE OF CR.NO.7/2025 OF ULLALA P.S., BY THE RESPONDENT POLICE AND ALSO SUCH OTHER AND FURTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF

JUSTICE.

THIS CRL.P, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:16555 CRL.P No. 397 of 2026

HC-KAR

ORAL ORDER

1. This criminal petition is filed by the petitioner

herein who is arrayed as accused No.5 seeking regular bail in Crime No.7/2025 filed by the respondent-Police for offences punishable under Section 126(2), 127(7), 309(2), 309(4), 310(2), 351(2), 324(1) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Section 3(1) of Indian Arms Act, 1959 and under Section 4 of Arms Act, 1959 and under Section 25(1B)(b), 27 of Indian Arms Act,

1959.

Factual matrix of the case:

2. The case of the prosecution is that the

complainant was working as a Manager of Kotekar Agricultural Co-operative Society situated on K.C.Road of Talapady, Mangaluru City, while he was on duty on 17.01.2025 around 12.45 p.m. one Sri.Sandeep Hegde had visited the bank to repair CCTV. In the meantime five unknown persons entered the bank and showed the fire

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NC: 2026:KHC:16555 CRL.P No. 397 of 2026

HC-KAR arms, weapons and threatened them and committed dacoity of both gold ornaments and cash worth Rs.4.00 Crores, thereafter, they fled away from the spot. Based on the said information, the respondent-Police have registered a case, conducted investigation and submitted

the charge-sheet.

3. Heard Sri. Ashwin Joyston Kutinha, learned

counsel for the petitioner and Smt. Asma Kouser, learned

Additional Special Public Prosecutor for respondent.

4. Learned counsel for the petitioner submits that

the petitioner is innocent of alleged offences and he has been falsely implicated in this case. The petitioner is the accused No.5. The allegations leveled against him are that he had informed accused No.1 that the bank has huge gold ornaments and also cash. Further, it is alleged against him that he had conspired with other accused and

he is instrumental for the said committed dacoity.

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NC: 2026:KHC:16555 CRL.P No. 397 of 2026

HC-KAR

5. It is further submitted that the petitioner has

been falsely implicated in this case on the basis of voluntary statement of the co-accused. The petitioner may be enlarged on bail by imposing suitable conditions. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submission learned

counsel for the petitioner prays to allow the petition.

6. Per Contra, learned High Court Government

Pleader for respondent – State of Karnataka vehemently submitted that the petitioner is arrayed as accused No.5. He has informed other accused persons that huge

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