Mr Muheeb S @ Guddu Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 310(2),61(2) OF BNS 2023 IN C.C.NO.36360/2025 AT ANNEXURE-D ON THE FILE OF THE COURT OF VII A.C.M.M NOW COMMITTED TO CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.

¶17

2 -

¶18

NC: 2026:KHC:7599 CRL.P No. 17605 of 2025

¶19

HC-KAR

¶20

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

¶21

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶22

ORAL ORDER

¶23

This petition is filed by accused No. 7 under

¶24

Section 483 of BNSS praying to grant bail in C.C. No. 36360/2025, pending on the file of VII Additional Chief Metropolitan Magistrate, Bengaluru, registered for offences under Sections 310(2) and 61(2) of BNS.

¶25

Heard learned counsel for petitioner and

¶26

learned HCGP for respondent - State.

¶27

Learned counsel for petitioner would contend

¶28

that the allegation against the petitioner is that he was standing outside the premises in order to see that nobody enters the premises and was watching other persons. No fingerprints of the petitioner were recovered on the shutters which is alleged to have been closed by the petitioner. Even on the cash seized i.e. Rs.1,00,000/- no finger print of the petitioner was found. there are no eyewitnesses to the incident. C.W.1 and C.W.2 have not

¶29

3 - NC: 2026:KHC:7599 CRL.P No. 17605 of 2025

¶30

HC-KAR

¶31

identified the petitioner. On arrest of the petitioner, no cash has been found with him and the cash which has been seized is from the Swift car. Investigating Officer has noted in the spot mahazar that there are no clues or incriminating materials on the spot. There are no criminal antecedents of the petitioner. No Test Identification Parade has been conducted. Petitioner is in judicial custody since last seven months. Wife of the petitioner is admitted for delivery. As charge sheet is filed, petitioner is not required for custodial interrogation. With this he prayed to allow the petition.

¶32

Per contra, learned HCGP would contend that charge sheet material indicate participation of the petitioner in the alleged crime. Petitioner was standing outside the door of the premises and he closed the shutters. There is recovery of Rs.1,00,000/- from the petitioner. C.W. 1 and C.W.2 in their statements recorded under Section 183 of BNSS have stated that they will identify the accused persons. The offence alleged against the petitioner is a heinous offence punishable with

¶33

4 -

¶34

NC: 2026:KHC:7599 CRL.P No. 17605 of 2025

¶35

HC-KAR

¶36

imprisonment for 10 years. On these grounds, she prayed to reject the petition.

¶37

Having heard learned counsel for the parties,

¶38

the Court has perused the charge sheet and other materials placed on record.

¶39

As per the charge sheet, the case of the prosecution is that, accused Nos.2, 3, 10 and 16 have contacted C.W.3 and C.W.4 through C.W.1 and C.W.2 and told them that, if they invested Rs. Two crores, they will convert the same to USDT to worth of Rs. Three crores and including GST, the said amount will be credited to their bank account. They contacted accused Nos.17 and 18 through accused No.4, and made a plan to rob the amount. The accused No.4 has contacted his brothers/accused No.11 and 12 and discussed regarding the plan, and planned to commit the said offence in A K

¶40

Enterprises situated in Second Floor. And that on 25.06.2025, accused Nos.1 to 14 and 16 along with accused Nos.17 and 18 gathered in a shed, and secured C.W.3 and C.W.4 through C.W.1 and C.W.2 to the said

¶41

5 - NC: 2026:KHC:7599 CRL.P No. 17605 of 2025

¶42

HC-KAR

¶43

spot, with an intent to rob the amount brought to the tune of Rs..Two crores. On the same day at about 03.30 p.m., in the shop of accused No. 4, C.W.1 and C.W.2 have brought Rs..Two crores cash, and as per the plan, accused No.1 had kept knife on the neck of accused No.9 and robbed his Samsung mobile. The accused No.8 has kept knife to the neck of accused No.10 and robbed one mobile and made a drama to that C.W.1 and C.W.2 could not come to know about their plan for robbery. The accused No.14 has kept machete to the neck of C.W.1 and robbed one mobile. The accused No.13 kept a long chopper to the neck of C.W.2 and robbed one mobile, and created a fear of loss of life to them.

¶44

Accused Nos.4 to 9 and accused Nos.13 and 14 have robbed Rs. Two crores brought by C.W.1 and C.W.2 belonging to C.W.3 and C.W.4. The accused Nos.1 to 3, 10, 12, 15, 16, 17 and 18 have made a drama that they are not aware of anything, and made believed C.W.1 and C.W.2 and facilitated accused Nos.4 to 9, 13 and 14 to rob

¶45

the amount. The accused Nos.1 to 3, 10 and 16 to show

¶46

6 - NC: 2026:KHC:7599 CRL.P No. 17605 of 2025

¶47

HC-KAR

¶48

that they are not involved in the offence and to escape, the accused No.3 who is petitioner herein has dialed 112/Control Room, and gave information regarding robbery.

¶49

Accused Nos.1 to 3 and 16 escaped from the spot. The accused No.10 has told that the amount robbed belongs to him and accused Nos.1 and 2 have committed the said offence and gave false information to the police station. The accused No.4 took Rs.70,00,000/- of robbed amount of Rs.Two crores. The accused No.5 took Rs.2,00,000/-. The accused No.6 took Rs.2,00,000/-. The accused No.7 took Rs.2,00,000/-. The accused No.8 took Rs.10,00,000/-. The accused No.9 took Rs.5,00,000/-. The accused No.11 took Rs.10,00,000/-. The accused No.12 took Rs.4,00,000/-. The accused No.13 took Rs.4,00,000/The accused No.14 took Rs.2,00,000/-, and accused No.15 took Rs.5,00,000/-, and the remaining amount of Rs.84,00,000/- has been kept for distributing it among accused Nos. 1 to 3, 10, 16, 17 and 18 in the shed by accused Nos.4 and 7.

¶50

7 - NC: 2026:KHC:7599 CRL.P No. 17605 of 2025

¶51

HC-KAR

¶52

There is recovery of Rs.61,72,500/- from

¶53

accused No.4, Rs.50,000/from accused No.5, Rs.50,000/from accused No.6, Rs1,00,000/- from accused No.7, Rs.3,00,000/from accused No.8, Rs.1,80,000/- from accused No.9, Rs.1,40,000/- from accused No.11, Rs.2,00,000/- from accused No.12, Rs.2,50,000/- from accused No.13, Rs.1,20,000/- from accused No.14, Rs.1,74,500/- from accused No.15 and Rs.30,00,000 out of Rs.84,00,000 kept hidden, and accused Nos.4 to 7 stated to have hidden remaining Rs.54,00,000/-.

¶54

Petitioner had received his share of Rs.1,00,000/- out of the robbed amount and the same has been seized at the instance of petitioner. Charge sheet material will show prima facie case against the petitioner for offences alleged against him. In the voluntary statements of accused Nos. 1 and 2 they have clearly indicated the role of this petitioner participating in the alleged robbery. The offence alleged against the petitioner is a heinous offence punishable with imprisonment for 10

¶55

8 - NC: 2026:KHC:7599 CRL.P No. 17605 of 2025

¶56

HC-KAR

¶57

years. If the petitioner is granted bail there are chances of

¶58

he threatening the prosecution witnesses and committing similar offences. Merely because petitioner's wife is admitted for delivery is not a ground for grant of bail as the offence alleged against him is a heinous offence. This

¶59

Court has rejected the bail petition of accused No. 3 by order dated 10.11.2025 passed in Crl.P. No. 12925/2025 and of accused No.15 by the order dated 16.12.2025 passed in Crl.P. No. 15491/2025.

¶60