Abu Rahaman @ Salam @ Addu Vs State of Karnataka

ABU RAHAMAN @ SALAM @ ADDU, S/O MOHAMED, AGED 57 YEARS, MULLAN HOUSE, KUTTALOOR-KAPPILKUNDU, OORAKAM, KIZHUMURI PO, URAKAM, MALAPPURAM, KERALA - 676 519. (PRESENTLY IN MADIKERI JC) …PETITIONER

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(BY SRI. MUZAFFAR AHMED., ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY GONIKOPPA POLICE STATION, Digitally REP. BY STATE PUBLIC PROSECUTOR , signed by HIGH COURT OF KARNATAKA - 560 001. KAVYA R Location: High Court of Karnataka (BY SMT.WAHEEDA M.M, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL WHO IS SHOWN AS ACCUSED NO.2/PETITIONER IN CRIME NO.169/2023 REGISTERED BY THE RESPONDENT POLICE, GONIKOPPA P.S., FOR ALLEGED OFFENCE P/US/ 120B,363,397,395,114,75,212 OF IPC WHICH IS PENDING BEFORE LEARNED THIS LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, KODAGU MADIKERI SITTING AT VIRAJPET, IN S.C.NO.5004/2025 BY IMPOSING ANY CONDITIONS TO THE SATISFACTION OF THIS HONBLE COURT.

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NC: 2025:KHC:44904 CRL.P No. 12783 of 2025

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.2 in S.C.No.5004/2025 pending before

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the Court of II Additional District and Sessions Judge, Kodagu-Madikeri, sitting at Virajpet, arising out of Crime No.169/2023 registered by Gonikoppa Police Station, Kodagu, for offences punishable under Sections 120B, 363, 397, 395, 114, 75 and 212 of IPC is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.169/2023 was registered by Gonikoppa Police Station, Kodagu, initially for offences punishable under Sections 395, 397, 363 of IPC against 10 to 15 unknown persons, based on the first information dated 09.12.2023 received from Shamjadh.K S/o Mahammadh.

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3 - NC: 2025:KHC:44904 CRL.P No. 12783 of 2025

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HC-KAR

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During the course of investigation, petitioner herein was arrested on 18.03.2024. After completing investigation charge sheet has been filed against 22 persons for aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.306/2025 which was dismissed as withdrawn on 26.03.2025. It is under these circumstances, petitioner is before this Court in this successive bail petition.

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that except the petitioner all the other accused who have been arrested in the present case are enlarged on bail. He submits that allegation against the petitioner is about conspiracy and the other accused who had actively participated in the crime have been already enlarged on bail. In the other criminal cases registered against petitioner he is already on bail. Trial in the present case is

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NC: 2025:KHC:44904 CRL.P No. 12783 of 2025

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HC-KAR

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yet to commence. Accordingly, he prays to allow this petition.

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Per contra, learned HCGP has opposed the petition. She submits that petitioner is the master mind who along with his son had conspired with the other accused persons to commit the crime. Major portion of the money robbed had come to the share of the petitioner and his son. Petitioner is a person with criminal antecedents and accordingly she prays to dismiss this petition.

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FIR in the present case was registered against

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unknown persons initially for offences punishable under Sections 395, 397 and 363 of IPC. During the course of investigation, petitioner was arrested on 18.03.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against 22 persons. As per the charge sheet allegations, accused No.2 had received information that CW-1 and CW-2 along with

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their friends CW-23 to CW-25 were traveling in their Mini Cooper car bearing registration No.HR-26CL-5200 from

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5 - NC: 2025:KHC:44904 CRL.P No. 12783 of 2025

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HC-KAR

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Mysore to Malappuram in Kerala State and they had cash of Rs.61,70,000/- with them, which was collected by them at Mysore after selling gold. Accused No.2 thereafter had contacted accused No.3 and conspired with him to rob the money which CW-1 and CW-2 were transporting. In furtherance of such a conspiracy, accused No.3 thereafter contacted his friend accused No.1, who in turn contacted accused No.4 and thereafter they arranged the other accused persons to commit the crime and in furtherance of the conspiracy between the accused persons, on 09.12.2023 all the accused except accused No.2, 21 and 22 intercepted the car in which CW-1 and CW-2 were traveling with their friends and after threatening the inmates of the car had robbed a sum of Rs.61,70,000/which was in the car in which CW-1 and CW-2 were traveling with their friends.

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Out of the 22 accused who have been charge

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sheeted in the present case, except accused Nos.4, 5, 18 and 19 all the other accused have been arrested. Out of

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HC-KAR

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the arrested accused, except the petitioner, all the others have been granted regular bail. Accused Nos.3, 9, 12, 13, 14, 15, 17 and 20 have been granted regular bail in this case by this Court. Petitioner and accused No.8 had earlier approached this Court in Crl.P.No.306/2025 and in Crl.P.No.625/2025 and the said petitions were dismissed as withdrawn on 26.03.2025. Thereafter accused No.8 has filed a fresh bail application before the Sessions Court in Crl.Misc.No.5111/2025 before the Trial Court seeking regular bail and by order dated 28.06.2025, accused No.8 has been granted regular bail by the Trial Court.

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It is not in dispute that petitioner has been granted bail in the other three criminal cases earlier registered against him. Insofar as, the present case is concerned, allegation against him is about conspiracy and undisputedly, he was not present at the spot of crime on 09.12.2023. All the arrested accused who had actively participated in the crime that was committed on 09.12.2023 have been granted regular bail either by this

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7 - NC: 2025:KHC:44904 CRL.P No. 12783 of 2025

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HC-KAR

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Court or by the Jurisdictional Sessions Court. Trial in the case is yet to commence. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively, subject to stringent conditions. Accordingly, the following:-

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ORDER

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in S.C.No.5004/2025 pending before the Court of II Additional District and Sessions Judge, Kodagu-Madikeri, sitting at Virajpet, arising out of Crime No.169/2023 registered by Gonikoppa Police Station, Kodagu, for offences punishable under Sections 120B, 363, 397, 395, 114, 75 and 212 of IPC, subject to the following conditions:

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a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, out of which one shall be local surety, to the satisfaction of the jurisdictional Court;

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NC: 2025:KHC:44904 CRL.P No. 12783 of 2025

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HC-KAR

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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List No.: 1 Sl No.: 1

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KVR

Abu Rahaman @ Salam @ Addu v. State of Karnataka

Case brief

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Abu Rahaman @ Salam @ Addu v. State of Karnataka

Case brief

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