Mahesh M Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME No.132/2025 REGISTERED BY CHAMARAJANAGAR TOWN P.S FOR OFFENCES PUNISHABLE UNDER SECTIONS 310(2) OF BNS WHICH IS NOW PENDING IN CC No.1274/2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 310(2), 310(4), 61 OF BNS.

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NC: 2026:KHC:9148 CRL.P No. 16575 of 2025

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HC-KAR

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THIS PETITION COMING ON FOR FURTHER HEARING 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. 5 under

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Section 482 of BNSS praying to grant anticipatory bail in

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Crime No. 132/2025 of Chamarajanagara Town Police Station registered for offences punishable under Sections 310(2), 310(4) and 61 of BNS.

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Heard learned counsel for petitioner and

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learned HCGP for respondent - State.

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Learned counsel for petitioner would contend that petitioner is a Police Constable and he went along with accused No. 6 to the spot. Accused No. 6 - PSI has been granted anticipatory bail. Petitioner is similarly placed to that of accused No. 6 who has been granted anticipatory bail. Therefore petitioner is entitled for grant of anticipatory bail on the ground of parity. With this he prayed to allow the petition.

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3 - NC: 2026:KHC:9148 CRL.P No. 16575 of 2025

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HC-KAR

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Per contra learned HCGP would contend that petitioner being a Police Constable is involved in the alleged incident of robbery. Petitioner is required for custodial interrogation. Petitioner is having contact with accused No. 3 over phone and call record details has been secured. Petitioner being a Police Constable, instead of protecting the public against a crime, has involved in commission of crime. With this, she prayed to reject the petition.

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Having heard learned counsel for the parties, the Court has perused the chargesheet and other materials placed on record.

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This Court, while granting anticipatory bail to accused No. 6, has observed as under:

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“8. The case of the prosecution is that accused No.1 instigated the first informant to invest money on the promise of receiving double the amount invested. Believing the words of accused No.1, the first informant, along with cash of Rs.2,00,000/-, went to Room No.107 of

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NC: 2026:KHC:9148 CRL.P No. 16575 of 2025

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HC-KAR

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Delhi Darbar Hotel, Chamarajanagar, wherein four persons, along with one person in police uniform, came and took a total cash of Rs.3,00,000/- and further demanded payment of Rs.1,00,000/-. The first informant also transferred a sum of Rs.70,000/- through Google Pay to the contact number 9449576887, which stands in the name of Syed Imran, accused No.3. There is recovery of Rs.50,000/- from accused No.2 and Rs.70,000/- from accused No.3.

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9. The further statement of the complainant was recorded on 13.08.2025. In that, he has stated that after coming out of the police station at about 3.30 a.m., he received a sum of Rs.3,70,000/- in cash from an unknown person, who asked him to withdraw the complaint. The charge sheet does not indicate that the first informant informing that he has received Rs.3,70,000/- immediately after filing the complaint at 03.30 a.m. to the Station House Officer. But he has stated the same on 13.08.2025 in his further statement. Even after receiving back the entire alleged robbed amount,

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NC: 2026:KHC:9148 CRL.P No. 16575 of 2025

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HC-KAR

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there is a seizure of Rs.70,000/- and Rs.25,000/by the Investigating Officer.

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10. It is submitted by the learned counsel for the petitioner that, as the complainant received back the entire robbed amount of Rs.3,70,000/- on the very day of the complaint and did not inform the same to the police immediately, which give rise to doubt regarding the bonafides of the complainant, therefore, the complaint is doubtful. The alleged transfer of Rs.70,000/- by way of Google Pay by the complainant is to the account of accused No.3. The investigation is over and charge sheet has been filed and therefore the petitioner is not required for any further custodial interrogation. The petitioner has undertaken to appear before the Trial Court and abide by any conditions to be imposed by this Court.”

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7. Accused No. 6 is a PSI and he has been granted

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anticipatory bail. Petitioner is stated to have gone with accused No. 6 to the spot. The other allegation against the petitioner is that he had contact with accused No. 3 over the phone. Accused No. 3 has also been granted bail in

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6 - NC: 2026:KHC:9148 CRL.P No. 16575 of 2025

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HC-KAR

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Crl.P. No. 16387/2025 by order dated 11.02.2026. Now investigation is over and charge sheet has been filed. Therefore, petitioner is not required for custodial interrogation. Petitioner has undertaken to appear before the trial Court and abide by any conditions to be imposed by this Court.

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