Allowed

Sri Muthuswamy N @ Muthu v. the State of Karnataka

Karnataka HC16 Sept 2026CRL.P/11129/2026

Case brief

AI extract

What is this about?

The High Court of Karnataka granted regular bail to two petitioners (Accused No.1 and 4) in a case involving robbery, conspiracy and assault under the Bharatiya Nyaya Sanhita, 2023. The court considered that the investigation was complete, charge sheet filed, stolen property recovered, and the offences did not carry exclusively life imprisonment or death penalty. Bail was granted subject to standard conditions including personal bond, surety, appearance before trial court, non-tampering with witnesses, and jurisdictional restriction.

What did the court decide?

Petitioners enlarged on bail in Crime No.77/2026 subject to conditions: personal bond of Rs.1,00,000 each with two sureties; regular appearance before trial court; no tampering with witnesses; no similar offences; not leaving trial court jurisdiction without permission.

Sri Muthuswamy N @ Muthu Vs the State of Karnataka — Bail and Remand | Karnataka HC (2026)

Outcome

Issue for consideration

Whether the petitioners accused No.1 and 4 in Crime No.77/2026 are entitled to regular bail for offences under Sections 329(4), 311 and 61(2) read with Section 3(5) of BNS, 2023

Detailed headnote1 paragraphs

The High Court of Karnataka allowed two criminal petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 CrPC) seeking regular bail for Accused No.1 and 4 in Crime No.77/2026 registered at Halaguru Police Station, Mandya. The petitioners were charged under Sections 329(4) (robbery), 311 (robbery with hurt), 61(2) (criminal conspiracy) read with Section 3(5) (common intention) of the Bharatiya Nyaya Sanhita, 2023. The FIR was registered based on a complaint by Yashodamma alleging that two armed persons entered her house, threatened occupants, forcibly took gold earrings, and assaulted her with a knife. During investigation, four persons were arrested; the petitioners were identified as Accused No.1 (keeping watch outside) and Accused No.4 (one of the two who entered the house). The charge sheet alleged conspiracy between former employees (Accused 1 & 2) and their relatives (Accused 3 & 4) to rob gold and cash. The stolen jewellery had been recovered. The Sessions Court had rejected their bail applications. The High Court, noting that investigation was complete, charge sheet filed, property recovered, and the offences were not exclusively punishable with life imprisonment or death, granted bail subject to conditions: (a) personal bond of Rs.1,00,000 each with two sureties; (b) regular appearance before trial court; (c) no threat or tampering with witnesses; (d) no involvement in similar offences; (e) not leaving trial court jurisdiction without permission.

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HC-KAR

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NC: 2026:KHC:50275 CRL.P No. 11978 of 2026 C/W CRL.P No. 11129 of 2026

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CNR: KAHC010542582026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11978 OF 2026

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C/W

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CRIMINAL PETITION NO. 11129 OF 2026

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IN CRL.P No. 11978/2026

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BETWEEN:

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MAHESH M @ KARIYAPPA S/O MAHADEVU AGED ABOUT 29 YEARS, R/AT HOOLYA HODSADODDI VILLAGE, UYAMBALLI, KANKAPURA TALUK, BENGALURU SOUTH DISTRICT - 562 117.

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…PETITIONER

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(BY SRI. NAGENDRA B, ADVOCATE)

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Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA BY HALAGURU POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI. RAHUL KAI K, HCGP)

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THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE ON BAIL, WHO IS ACCUSED NO.4 IN (CR.NO.77/2026) CC-86/2026, FOR THE OFFENCES P/U/S

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HC-KAR

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NC: 2026:KHC:50275 CRL.P No. 11978 of 2026 C/W CRL.P No. 11129 of 2026

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CNR: KAHC010542582026

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329(4), 311, 61(2) R/W 3(5) OF BNS THERE BY HALAGURU POLICE. PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT MALVALLI, IN RESPECT OF THE PETITIONER / ACCUSED NO.-4.

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IN CRL.P NO. 11129/2026

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BETWEEN:

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SRI. MUTHUSWAMY N @ MUTHU S/O NAGAMUTHU, AGED ABOUT 28 YEARS, R/AT CHEERANAKUPPE VILLAGE, KANAKAPURA TOWN, BENGALURU SOUTH DISTRICT, PERMANENT R/AT RACHAPPAJINAGARA, CHIKKALURU VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT.

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...PETITIONER

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(BY SMT. SHILPA RANI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY HALAGURU POLICE, MANDYA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, OFFICE OF ADVOCATE GENERAL, HIGH COURT BUILDINGS, BANGALORE - 560 001.

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SMT. YASHODAMMA, W/O GOVINDA REDDY, AGED ABOUT 62 YEARS, R/AT NO.23, ANNAIAH REDDY LAYOUT, J.P.NAGAR, BENGALURU - 560 078 (AS PER ORDER DATED 08.09.2026 OF THIS HON'BLE COURT, R2 IS NOT

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HC-KAR

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NC: 2026:KHC:50275 CRL.P No. 11978 of 2026 C/W CRL.P No. 11129 of 2026

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CNR: KAHC010542582026

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NECESSARY, PARTY HENCE DELETED.

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...RESPONDENTS

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(BY SRI. RAHUL RAI K, HCGP FOR R1; VIDE ORDER DATED 08.09.2026, R2 IS DELETED)

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.77/2026 REGISTERED BY RESPONDENT NO.1 HALAGURU POLICE STATION, MANDYA DISTRICT FOR THE ALLEGED OFFENCE P/SU/ 329(4), 61(2), 311 R/W SEC.3(5) OF BNS 2023 CIVIL JUDGE (Sr.Dn.)AND JMFC MALAVALLI RURAL, SUBJECT TO SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEM FIT.

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THESE PETITIONS, 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 Nos.1 and 4 in Crime No.77/2026 registered by Halagur Police Station, Mandya for the offences punishable under Section 329(4), 311 and 61(2) read with Section 3(5) of BNS, 2023, are before this Court in these two petitions filed under Section 483 of BNSS 2023 seeking regular bail.

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HC-KAR

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NC: 2026:KHC:50275 CRL.P No. 11978 of 2026 C/W CRL.P No. 11129 of 2026

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CNR: KAHC010542582026

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Heard the learned counsel for the parties.

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FIR in Crime No.77/2026 registered by Halagur

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Police Station, Mandya against two unknown persons, based on the first information dated 16.03.2026 received from Yashodamma, who is alleged victim in the present case. During the course of investigation, the petitioners herein were arrested on 24.03.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against 4 persons and petitioners are arraigned as accused No.1 and 4 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court was rejected and therefore, they are before this Court.

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FIR in the present case was registered against

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two unknown persons, based on the first information dated 16.03.2026 received from the alleged victim Yashodamma.

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In the first information, it is averred that on 15.03.2026 at about 9.15 p.m., when the first informant who was sitting

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HC-KAR

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NC: 2026:KHC:50275 CRL.P No. 11978 of 2026 C/W CRL.P No. 11129 of 2026

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CNR: KAHC010542582026

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in the veranda of their house along with others, two persons who were armed with weapons, all of a sudden came near their house and after threatening first informant and others, they entered the house and closed the door of the house. Thereafter, they demanded to handover the gold and cash available in her house and they allegedly took the earrings of the victim lady forcibly from her. They also allegedly assaulted her with a knife on her hand and on the pretext of washing her hand, she went inside the house, brought chilly powder and threw the same on the accused persons. Thereafter, they allegedly ran away from the house.

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During the course of investigation, four persons have been arrested in the present case and charge sheet is filed against them. As per the charge sheet allegation, accused Nos.1 and 2 were employed in the house of CW1Yashodamma and had seen Yashodamma wearing gold jewellery. Therefore, they allegedly had conspired with their relatives, accused Nos.3 and 4 to rob the gold

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HC-KAR

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NC: 2026:KHC:50275 CRL.P No. 11978 of 2026 C/W CRL.P No. 11129 of 2026

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CNR: KAHC010542582026

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jewellery and cash which was available in the house. In furtherance of such conspiracy, on 15.03.2026, accused Nos.3 and 4 had entered the house of Yashodamma (CW1), forcibly took her earrings and escaped from the house. Accused No.2 who was present in the house when accused Nos.3 and 4 entered the house, allegedly acted as though he did not know anything. Accused No.1 allegedly was keeping a watch outside the house. The gold jewellery which was robbed from the house of CW1 has been already recovered in the present case. The offences for which the accused have been charge sheeted are not exclusively punishable with life imprisonment or death sentence. Investigation of the case is now completed and charge sheet has been filed.

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Considering the aforesaid aspects of the matter their prayer for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:

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HC-KAR

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NC: 2026:KHC:50275 CRL.P No. 11978 of 2026 C/W CRL.P No. 11129 of 2026

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CNR: KAHC010542582026

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O R D E R

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The criminal petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.77/2026 registered by Halagur Police Station, Mandya for the offences punishable under Section 329(4), 311 and 61(2) read with Section 3(5) of BNS, 2023, subject to the following conditions:

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a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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

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

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HC-KAR

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NC: 2026:KHC:50275 CRL.P No. 11978 of 2026 C/W CRL.P No. 11129 of 2026

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CNR: KAHC010542582026

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

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

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SD/(S VISHWAJITH SHETTY) JUDGE

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AMM List No.: 1 Sl No.: 49

Sri Muthuswamy N @ Muthu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Muthuswamy N @ Muthu v. the State of Karnataka

Case brief

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What did the court decide?

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