Sunil vs State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1754591
CourtKarnataka Orders High Court
Decided OnNov-28-2025
Case NumberCRL.P/11352/2025
JudgeShivashankar Amarannavar
AppellantSUNIL
RespondentState of Karnataka
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 28th day of november, 2025 before the hon'ble mr. justice shivashankar amarannavar criminal petition no. 11352 of 2025 (439(cr.pc) / 483(bnss)) between:1. sunils/o suresh aged about 42 years r/at koodibelagola shravanabelagola hobli channarayapatna taluk hassan district-573 135. …petitioner (by sri. shankar h s, advocate) and:1. state of karnatakaby vidyaranyapura police station bengaluru digitally signed by lakshminarayana represented by state public prosecutor murthy rajashri high court buildings location: high court of bengaluru-560 001. karnataka …respondent (by smt. rashmi patel, hcgp) this crl.p is filed under section 439 (filed u/s.483 bnss) cr.p.c praying to enlarge the petitioner on bail in crime no.167/2025 of state of karnataka by vidyaranyapura p.s., bengaluru pending on the file of the vii addl. cmm, nrupathunga road, bengaluru -2- registered for the offence punishable under sections 311 of bns. this petition coming on for orders this day,order was made therein as under:coram: hon'ble mr. justice shivashankar amarannavaroral orderthis petition is filed by accused no.1 under section 483 of bnss praying to grant bail in crime no.167/2025 of vidyaranyapura police station, bangalore, registered for offence punishable under sections 311 of bns.2. heard learned counsel for the petitioner and learned hcgp for respondent/state.3. learned counsel for petitioner would contend thata false case has been foisted against the petitioner. the sessions court has rejected the bail petition of the petitioner on the ground that he is having criminal antecedents involved in 13 similar cases. the offences alleged against the petitioner in those 13 cases is similar and those cases are also false cases. as the charge sheet-3- is filed petitioner is not required for custodial interrogation. with this he prayed to allow the petition.4. per contra, learned hcgp would contend that thepetitioner along with accused no.2 has involved in several cases. there are totally 13 cases registered against this petitioner. the same indicates that petitioner is a habitual offender, committing similar offences of theft, robbery, chain snatching etc. with this she prayed to reject the petition.5. having heard the learned counsels, the court has perused the fir, complaint and charge sheet papers.6. the case of the prosecution is that when victim was proceeding by walk in early morning, at that time,petitioner/accused no.1 and accused no.2 came on motorcycle in the guise of asking something and at knife point, they robbed gold mangalya chain weighing about 20 grams. after arrest of the accused, piece of gold mangalya chain has been recovered, which is identified by the -4-victim. the petitioner has been identified by the victim in the test identification parade. the petitioner is involved in 13 cases. the details of which are contained in para 10 of the order of the sessions court. the offences alleged in those 13 cases are similar to that of the present case. considering the above aspects, the petitioner is in the habit of committing theft, robbery, chain snatching etc. if the petitioner is granted bail, chances of him committing similar offence and fleeing from justice.7. considering the above aspects, the petitioner has not made out any ground for grant of bail. in the result, the petition is dismissed. sd/- (shivashankar amarannavar) judge dkb list no.: 2 sl no.: 7 ct.sm
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 11352 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:

1. SUNIL

S/O SURESH AGED ABOUT 42 YEARS R/AT KOODIBELAGOLA SHRAVANABELAGOLA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 135. …PETITIONER (BY SRI. SHANKAR H S, ADVOCATE) AND:

1. STATE OF KARNATAKA

BY VIDYARANYAPURA POLICE STATION BENGALURU Digitally signed by LAKSHMINARAYANA REPRESENTED BY STATE PUBLIC PROSECUTOR MURTHY RAJASHRI HIGH COURT BUILDINGS Location: HIGH COURT OF BENGALURU-560 001. KARNATAKA …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.167/2025 OF STATE OF KARNATAKA BY VIDYARANYAPURA P.S., BENGALURU PENDING ON THE FILE OF THE VII ADDL. CMM, NRUPATHUNGA ROAD, BENGALURU -2- REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 311 OF BNS. THIS PETITION COMING ON FOR ORDERS THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.167/2025 of Vidyaranyapura Police Station, Bangalore, registered for offence punishable under Sections 311 of BNS.

2. Heard learned counsel for the petitioner and learned HCGP for respondent/State.

3. Learned counsel for petitioner would contend that

a false case has been foisted against the petitioner. The Sessions Court has rejected the bail petition of the petitioner on the ground that he is having criminal antecedents involved in 13 similar cases. The offences alleged against the petitioner in those 13 cases is similar and those cases are also false cases. As the charge sheet

-3- is filed petitioner is not required for custodial interrogation. With this he prayed to allow the petition.

4. Per contra, learned HCGP would contend that the

petitioner along with accused No.2 has involved in several cases. There are totally 13 cases registered against this petitioner. The same indicates that petitioner is a habitual offender, committing similar offences of theft, robbery, chain snatching etc. With this she prayed to reject the petition.

5. Having heard the learned counsels, the Court has perused the FIR, complaint and charge sheet papers.

6. The case of the prosecution is that when victim was proceeding by walk in early morning, at that time,

petitioner/accused No.1 and accused No.2 came on motorcycle in the guise of asking something and at knife point, they robbed gold mangalya chain weighing about 20 grams. After arrest of the accused, piece of gold mangalya chain has been recovered, which is identified by the -4-

victim. The petitioner has been identified by the victim in the test identification parade. The petitioner is involved in 13 cases. The details of which are contained in para 10 of the order of the Sessions Court. The offences alleged in those 13 cases are similar to that of the present case. Considering the above aspects, the petitioner is in the habit of committing theft, robbery, chain snatching etc. If the petitioner is granted bail, chances of him committing similar offence and fleeing from justice.

7. Considering the above aspects, the petitioner has not made out any ground for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 7 Ct.sm