Dismissed¶49

Surya v. State of Karnataka by

Karnataka HC9 Dec 2025CRL.P/15176/2025

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru), CRL.P No. 15176 of 2025, decided 09-12-2025 by Shivashankar Amarannavar, J. Bail under S.483 BNSS 2023 refused for accused No.4 in Crime No.173/2025, RMC Yard PS, Bengaluru, offence under S.310(2) BNS 2023 (robbery of mobile phone on 21.09.2025); petitioner in judicial custody since 24.09.2025; recovery of mobile at instance of accused No.1; accused No.3 has criminal antecedents; investigation in progress; petition dismissed; liberty to seek bail after charge sheet before Sessions Court.

What did the court decide?

No bail at this stage; petitioner at liberty to make a bail application after filing of charge sheet before the Sessions Court. ¶49

Surya Vs State of Karnataka by — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No bail at this stage; petitioner at liberty to make a bail application after filing of charge sheet before the Sessions Court.

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Issue for consideration

Whether the petitioner, accused No.4, seeking bail under Section 483 of BNSS, 2023 in Crime No.173/2025 (offence under Section 310(2) of BNS, 2023), has made out grounds for grant of bail at this stage while investigation is in progress.

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Court's answer

Taking into account the aspects noted by the Court (recovery of the complainant's mobile phone at the instance of accused No.1, criminal antecedent of accused No.3, punishment for the offence being imprisonment for life or rigorous imprisonment extendable to ten years, and investigation in progress), the petitioner has not made out any grounds for grant of bail at this stage when investigation is in progress.

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Ratio / Principle

Granting bail to the petitioner at this stage would carry chances of hampering the investigation and tampering the prosecution witnesses.

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Key takeaways

Though bail is refused now, the petitioner is at liberty to make a bail application after filing of the charge sheet, before the Sessions Court.ratio¶51

Detailed headnote1 paragraphs

Bail - Rejection. Accused No.4 (petitioner, aged about 21 years) sought release on bail under Section 483 of BNSS, 2023 in Crime No.173/2025 of RMC Yard Police Station, Bengaluru, registered for an offence punishable under Section 310(2) of BNS, 2023, pending before the learned XXXI Additional Chief Judicial Magistrate, Bengaluru City. The complaint averred that on 21.09.2025 at about 09.30 p.m. five unknown persons robbed the complainant of his mobile phone and assaulted him; the petitioner and four other accused were arrested the same day while together; the mobile phone was recovered at the instance of accused No.1; accused No.3 has a criminal antecedent; the petitioner was in judicial custody since 24.09.2025; investigation was in progress. The offence carried punishment of imprisonment for life or rigorous imprisonment extendable to ten years. Holding that the petitioner had not made out any grounds for bail at this stage, and that grant of bail risked hampering the investigation and tampering prosecution witnesses, the High Court dismissed the petition, leaving the petitioner free to apply for bail after filing of the charge sheet before the Sessions Court. Bench: Shivashankar Amarannavar, J.

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NC: 2025:KHC:51878 CRL.P No. 15176 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 15176 OF 2025

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

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BETWEEN:

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SURYA S/O KRISHNAMURTHY, AGED ABOUT 21 YEARS, R/AT 3^RD CROSS, PARIMALA NAGARA, NANDINI LAYOUT, BENGALURU - 560086.

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…PETITIONER

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(BY SRI. YOGESH G.,ADVOCATE)

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA BY BY RMC YARD POLICE STATION BENGALURU.

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REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. RASHMI PATEL, HCGP)

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NC: 2025:KHC:51878 CRL.P No. 15176 of 2025

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.173/2025 OF RESPONDENT RMC YARD POLICE STATION, BENGALURU REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 310(2) OF BNS 2023, PENDING ON THE FILE OF THE LEARNED XXXI ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU CITY.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.4 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.173/2025 R.M.C. Yard Police Station registered for the offence punishable under Section 310(2) of Bharatiya Nyaya Sanhita, 2023.

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Heard the learned counsel for petitioner and

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learned High Court Government Pleader for

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respondent/State

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The learned counsel for petitioner would contend that, the petitioner has been falsely implicated in the case. He is not having any criminal antecedents. There

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3 - NC: 2025:KHC:51878 CRL.P No. 15176 of 2025

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HC-KAR

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is no recovery from the petitioner. The accused No.3 is having criminal antecedents. The petitioner is in judicial custody since 24.09.2025. With this, he prayed to allow the petition.

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Per contra, the learned High Court Government for the respondent/State would contend that, the petitioner and four others have committed robbery of the mobile of the complainant. The petitioner and all four others caught at the same time when they were together. There is a recovery of mobile phone from accused No.1. The investigation is in progress. If the petitioner is granted the bail at this stage, he may hamper the investigation and tamper the prosecution witnesses. With this, she prayed to reject the petition.

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Having heard the learned counsel, the Court

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has perused the FIR, complaint, remand application and other material placed on record.

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NC: 2025:KHC:51878 CRL.P No. 15176 of 2025

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HC-KAR

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The averments of the complaint indicate that,

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on 21.09.2025 at about 09.30 p.m. when complainant was returning from his work, five unknown persons in the guise of asking time have robbed him, took his mobile phone, assaulted him and ran away. The petitioner and other four accused persons were arrested on the same day when they were together. There is a recovery of mobile phone of the complainant at the instance of accused No.1. The accused No.3 is having criminal antecedent. Investigation is in progress. The offence alleged is provided punishment of imprisonment for life or rigorous imprisonment for a term, which may extend to ten years. The investigation is in progress. If the petitioner is granted bail at this stage, there are chances of hampering the investigation and tampering the prosecution witnesses.

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