Harish Kumar Vs the State of Karnataka

THE STATE OF KARNATAKA REP BY SUB-INSPECTOR OF POLICE BUDIKOTE POLICE STATION REP BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA AT BANGALORE - 560 001.

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…RESPONDENT

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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(BY SRI RANGASWAMY R, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.04/2026 FOR THE O/P/U/S 309(4) BUT IN THE IMPUGNED ORDER IT IS MENTIONED AS 310(2) OF BNS, 2023 PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC AT BANGARPET.

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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 S VISHWAJITH SHETTY

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NC: 2026:KHC:29412 CRL.P No. 3773 of 2026

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HC-KAR

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ORAL ORDER

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Accused no.6 in S.C.No.61 of 2026 pending before the Court of III Additional District and Sessions Judge at Kolar (sitting at KGF), arising out of Crime No.4 of 2026 registered by Budikote Police Station, K.G.F for offence punishable under Section 310(2) of BNS 2023 is before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail.

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Heard the learned counsel appearing for the parties.

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A FIR in crime No.4 of 2026 was registered by Budikote Police Station, K.G.F, initially for offence punishable under 309(4) of BNS 2023 against unknown persons based on the first information dated 10.01.2026 received from Sri Naveen Kumar G, who is the alleged victim in the present case. During the course of investigation, petitioner herein was arrested on 16.01.2026 and after completing investigation, charge sheet has been filed against 7 persons. Petitioner is arraigned as accused no.6 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in

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3 - NC: 2026:KHC:29412 CRL.P No. 3773 of 2026

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HC-KAR

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Crl.Misc.No.98 of 2026 was rejected on 20.02.2026. Therefore,

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he is before this Court.

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In the first information which is submitted on 10.01.2026, the first informant has stated that on 09.01.2026, at about 11.20 p.m. when he was carrying cash of Rs.8 lakhs belonging to the Finance Company in which he is working, in a two wheeler bearing registration KA-07-EK-1290 two persons who came in a bike, overtook his vehicle and intercepted the same. One amongst them allegedly got down from the motorbike and assaulted the first informant with hands and thereafter took the two wheeler vehicle of the first informant and went away along with the cash, which was kept in the said vehicle. Immediately thereafter, the first informant had approached the police and since his vehicle was fixed with GPS, the vehicle was traced and it was found that cash of ₹.8 lakhs was missing from the vehicle. It is under these circumstances, FIR was registered initially for offence punishable under Section 309(4) of BNS, 2023 against unknown two persons. During the course of investigation, seven persons have been arrested in the present case.

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NC: 2026:KHC:29412 CRL.P No. 3773 of 2026

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HC-KAR

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In the charge sheet, allegation of intercepting the vehicle of the first informant and thereafter escaping along with the vehicle with the cash which was kept in the said vehicle is found as against accused nos.4 and 5. Petitioner and other accused persons allegedly had conspired with the aforesaid accused to commit robbery of the amount which the first informant was transporting for the purpose of depositing in the bank account.

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Investigation of the case is now completed and charge sheet has been filed. It is not in dispute that petitioner herein has no other criminal antecedents. The alleged offence against the petitioner is not punishable with death or life imprisonment. The trial in the case is yet to commence. All the charged sheeted accused have been arrested in the present case. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

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Accordingly, the following:

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5 - NC: 2026:KHC:29412 CRL.P No. 3773 of 2026

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HC-KAR

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ORDER

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Criminal petition is allowed.

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The petitioner is directed to be enlarged on bail in S.C.No.61 of 2026 pending before the Court of III Additional District and Sessions Judge at Kolar (sitting at KGF), arising out of Crime No.4 of 2026 registered by Budikote Police Station, K.G.F for offence punishable under Section 310(2) of BNS 2023, subject to the following conditions:-

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a) The petitioner shall execute a personal

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bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on

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all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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

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