Mr Vithalanaiak Vs State by Rural Police Station

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1 - NC: 2026:KHC:3806 CRL.P No. 16537 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16537 OF 2025 [(439(Cr.PC) / 483(BNSS)]

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BETWEEN:

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MR VITHALANAIAK S/O. LOKESHNAIKA, AGED ABOUT 20 YEARS, COOLIE R/AT. KATEEHOLA TANDA, HALAGAPURA POST, HAGARI BOMMANAHALLI TALUK, VIJAYANAGARA - 583 212.

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…PETITIONER

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(BY SRI. K.V. SATEESHCHANDRA, ADVOCATE)

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AND:

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

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STATE BY RURAL POLICE STATION CHITRADURGA - 577 501. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. MOHD. AYUB ALI, ADDITIONAL SPP)

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THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS CRL.P AND ENLARGE THE PETITIONER ON BAIL IN S.C.NO.7/2025 (CRIME NO.329/2024 OF CHITRADURGA RURAL POLICE STATION) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 309(6) AND 310(2) OF BNS ACT, 2023 ON THE FILE

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2 -

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NC: 2026:KHC:3806 CRL.P No. 16537 of 2025

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HC-KAR

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OF COURT OF SPECIAL II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA AND DIRECT THE PETITIONER BE RELEASED ON BAIL.

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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.2 under Section

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483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.7/2025 (Crime No.329/2024 of Chitradurga Rural Police Station) pending on the file of Special II Additional District and Sessions Judge, Chitradurga, registered for offences punishable under Sections 309(6) and 310(2) of Bharatiya Nyaya Sanhita, 2023.

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Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State.

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3 - NC: 2026:KHC:3806 CRL.P No. 16537 of 2025

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HC-KAR

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Learned counsel for petitioner would contend

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that, accused Nos.1 and 5 and the juvenile offender have been granted bail. In the FIR, the name of the petitioner has not been stated. Now, the charge sheet has been filed. TI parade is not conducted. The petitioner in judicial custody since last one year five months i.e., from 22.08.2024. With these, he prayed to allow the petition.

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Per contra, learned Additional State Public Prosecutor for respondent would contend that, during the incident, serious overtact of this petitioner is alleged as per it, the petitioner has snatched the purse kept in the pant pocket of C.W.1. and took Rs.1,100/- cash and threw the purse and thereafter, he snatched mobile and torch of C.W.1 and threatened C.W.1 and got phone lock opened and got transferred Rs.9,000/- through phonepe from the mobile of C.W.1 to his mobile. The charge sheet materials show that, there is a prima-facie case against the petitioner. The offence alleged against the petitioner is a heinous offence. There is a mention of petitioner having

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4 - NC: 2026:KHC:3806 CRL.P No. 16537 of 2025

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HC-KAR

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criminal antecedents in the remand application and also in the order passed by the Sessions Court. If the petitioner is granted bail, there are chances of he again committing similar offence and threatening the prosecution witnesses. He further submits that, TI parade has been conducted by C.W.50 - Tahsildar. With these, he prayed for dismissal of the petition.

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Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.

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As per column-17 of the charge sheet, the

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accused Nos.1 to 4 and juvenile accused committed robbery. The petitioner/accused No.2 at the time of committing robbery took out a purse of C.W.1 from his pant pocket and took out cash of Rs.1,100/- from the purse and threw the purse and snatched mobile phone and torch of C.W.1 and by threatening C.W.1 got transferred Rs.9,000/- through phonepe from the mobile phone of

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5 - NC: 2026:KHC:3806 CRL.P No. 16537 of 2025

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HC-KAR

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C.W.1 to his mobile phone and threw the mobile and torch

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by the side of the road and all the accused went away in the bikes. The snatching of cash and mobile is alleged against the petitioner. There is no allegation against accused Nos.1 and 5 of snatching the cash etc.

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On perusal of the remand application, the petitioner is having criminal antecedents involved in commission of theft of bike, attempt to robbery and attempt to commit dacoity. Considering the same, there are criminal antecedents of the petitioner. The offence alleged against the petitioner is a heinous offence and is provided for punishment with imprisonment which may extend to ten (10) years or imprisonment for life. If the petitioner is granted bail, there are chances of he committing similar offence and threatening the prosecution witnesses. Merely because the petitioner is in judicial custody since more than one year is not a ground for grant of bail.

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NC: 2026:KHC:3806 CRL.P No. 16537 of 2025

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