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Ajay vs the State

AJAY vs The State

Type Court Judgment Court Karnataka Orders Decided Feb 03, 2026
~4 min read
https://sooperkanoon.com/case/1581720

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
CRL.P/17032/2025

Parties & Advocates

Appellant / Petitioner

AJAY

Respondent

The State

Excerpt

.....heard learned counsel for petitioner and learned hcgp for respondent - state.3. learned counsel for petitioner wouldcontend that fir is registered against five unknown persons. petitioner has been arraigned as accused no. 6 in the chargesheet. said fact indicates that the petitioner might not have been involved in commission -3-of the alleged offence. there is recovery of rs.10,000/- from the petitioner. chargesheet has been filed. therefore, petitioner is not required for further custodial interrogation. petitioner is in judicial custody since last 3 months. petitioner is aged 25 years. if he is kept in prison, he will come in contact with hardened criminals. with this, he prayed to allow the petition.4. per contra learned hcgp would contend thatall the accused persons conspired to commit dacoity of the persons who carry cash after completing their business. total amount robbed is rs.67,000/-. out of that, rs.30,000/- has been recovered. a sum of rs.10,000/- has been recovered at the instance of this petitioner. bike of this petitioner has also been recovered at his instance. petitioner, along with accused no. 5, came on a bike in front of the victim - c.w.1 and he fell down. at that time the other-4-accused assaulted him with iron punch, club and caused injuries and robbed rs.67,000/- kept in the bag. the offence alleged against the petitioner is provided with sentence of imprisonment minimum for a period of 7 years which may extend to imprisonment for life. if the petitioner is granted bail there are chances of he again repeating similar offence. with this he prayed to reject the petition.5. having heard learned counsel for the parties the court has perused the chargesheet and other materials placed on record.6. as per chargesheet, case of the prosecutionis that on 02.11.2025, accused persons at about 08.00 p.m. conspired to rob owners of bar and restaurant who will be coming on bike with cash. at about 09.30 p.m., when c.w.1 was coming on his scooty keeping.....

Full Judgment

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17032 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: AJAY S/O REVAPPA AGED ABOUT 25YEARS R/AT AK COLONY KONDAJJI VILLAGE HARIHARA TALUK DAVANAGERE DISTRICT-577 601

…PETITIONER (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) AND: Digitally signed by THE STATE LAKSHMINARAYANA MURTHY RAJASHRI BY HARIHARA RURAL POLICE STATION Location: HIGH COURT OF HARIHARA, RPTD. BY S.P.P KARNATAKA HIGH COURT BENGALURU-560 001 …RESPONDENT (BY SRI. HARISH GANAPATHY, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.197/2025 OF HARIHARA RURAL P.S. REGISTERED FOR THE OFFENCE PUNISHABLE UNDER -2- SECTIONS 310(2),311 OF BNS, 2023 PENDING ON THE FILE OF II ADDL.DISTRICT AND SESSIONS JUDGE, DAVANAGERE. THIS PETITION COMING ON FOR ORDERS THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

1. This petition is filed by accused No. 6 under Section 483 of BNSS praying to grant bail in Crime No. for offence punishable under Sections 310(2), 311 of BNS.

2. Heard learned Counsel for petitioner and learned HCGP for respondent - State.

3. Learned Counsel for petitioner would

contend that FIR is registered against five unknown persons. Petitioner has been arraigned as accused No. 6 in the chargesheet. Said fact indicates that the petitioner might not have been involved in commission -3-

of the alleged offence. There is recovery of Rs.10,000/- from the petitioner. Chargesheet has been filed. Therefore, petitioner is not required for further custodial interrogation. Petitioner is in judicial custody since last 3 months. Petitioner is aged 25 years. If he is kept in prison, he will come in contact with hardened criminals. With this, he prayed to allow the petition.

4. Per contra learned HCGP would contend that

all the accused persons conspired to commit dacoity of the persons who carry cash after completing their business. Total amount robbed is Rs.67,000/-. Out of that, Rs.30,000/- has been recovered. A sum of Rs.10,000/- has been recovered at the instance of this petitioner. Bike of this petitioner has also been recovered at his instance. Petitioner, along with accused No. 5, came on a bike in front of the victim - C.W.1 and he fell down. At that time the other

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accused assaulted him with iron punch, club and caused injuries and robbed Rs.67,000/- kept in the bag. The offence alleged against the petitioner is provided with sentence of imprisonment minimum for a period of 7 years which may extend to imprisonment for life. If the petitioner is granted bail there are chances of he again repeating similar offence. With this he prayed to reject the petition.

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

6. As per chargesheet, case of the prosecution

is that on 02.11.2025, accused persons at about 08.00 p.m. conspired to rob owners of bar and restaurant who will be coming on bike with cash. At about 09.30 p.m., when C.W.1 was coming on his scooty keeping the cash in the bag in the dickey of the -5- scooty, accused Nos. 3 and 4 followed him. Accused No. 3 punched him with iron punch on his helmet.

When C.W.1 proceeded further, accused No. 3 intimated the same to the other accused. Accused No. 5 and this petitioner came in front of C.W.1 on their bike, C.W.1 fell down, accused persons assaulted him with iron punch, club and robbed the bag containing cash of Rs.67,000/- kept in the dickey of the scooty. There is recovery of cash of Rs.10,000/- from the

petitioner so also the bike belonging to him. Chargesheet material will show prima facie case against the petitioner for offence alleged against him. Offence alleged against the petitioner is provided with sentence of imprisonment for seven years, which may extend to imprisonment for life. If the petitioner is granted bail, there are chances of him repeating the similar offence.

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7. Considering the above aspects, petitioner has not made out any grounds for grant of bail. In the result of petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 9

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