Karnataka High Court
Mukesh Khadak @ Mahesh Khadak vs State Of Karnataka on 26 November, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC:49061
CRL.P No. 12180 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 12180 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. MUKESH KHADAK @ MAHESH KHADAK
S/O DAYARAM KHADHAK
AGED ABOUT 25 YEARS
R/A DEBAL VILLAGE, MASTA - 2
PATTEKOLA CHINAPUR
BAJANGA NEPAL - 10500
...PETITIONER
(BY SRI RAKSHITH R, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HSR LAYOUT PS
REP BY SPP
Digitally signed by HIGH COURT OF KARNATAKA
LAKSHMINARAYANA
MURTHY RAJASHRI BANGALORE - 560 001.
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA
(BY SMT. B PUSHPALATHA, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS IN
CR.No.175/2022 OF HSR LAYOUT P.S. FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 302,397,449,120B,35 AND 354
OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:49061
CRL.P No. 12180 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by the petitioner -accused No.1 under Section 439 of Cr.P.C praying to grant bail in Crime No.175/2022 of HSR Layout police station registered for offences punishable under Sections 302, 397, 449, 120-B, 34 and 35 of IPC pending in S.C.No.2121/2022 on the file of LXIV Additional City Civil and Sessions Judge, Bangalore.
2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State.
3. Learned counsel for the petitioner would contend that the FIR has been registered against unknown persons and the complaint has been filed by the son of the deceased. There is only recovery of cash of Rs.8,000/- and other articles at the instance of this petitioner -accused No.1. Ornaments were found on the body of the deceased and that clearly indicates that act was not done for robbing the ornaments of the deceased. The test -3- NC: 2025:KHC:49061 CRL.P No. 12180 of 2025 HC-KAR identification parade has been conducted after several days of arrest of the petitioner and accused Nos.3 to 6 have been identified. There is no recovery of incriminating material at the instance of the petitioner. The CCTV footage has been sent to private entity for examination and the report does not contain anything identifying this petitioner. The nail clipping which is found on the spot has not been subjected to DNA test. The post mortem report indicates that the tumbler which is stated to have contained the fingerprints of the petitioner has been seized after arrest of the petitioner and therefore, genuinity of the said fingerprint is doubtful. The charge sheet contains 90 witnesses. Till date, only one witness is examined. The petitioner is in custody since last 03 years and 04 months. Therefore, the petitioner is entitled for grant of bail. With this, he prays to allow the petition.
4. Per contra, learned Additional SPP for the respondent -State would contend that this petitioner is having major role in the commission of the offence. The -4- NC: 2025:KHC:49061 CRL.P No. 12180 of 2025 HC-KAR deceased was aged 82 years and she was residing alone. The petitioner after coming to know that the deceased was residing alone having cash and ornaments, he conspired with the other accused. There is a recovery of cash of Rs.8,000/-, mobile and bag from the petitioner. The fingerprint of the petitioner was found on the tumbler seized from the spot. The voluntary statement of the petitioner indicates his involvement in the commission of the offence. The petitioner out of the share amount of the robbed money has purchased mobile from Shubham mobile shop and the statement of owner of the Shubham mobile shop has been recorded. The cause of death of the deceased is due to compression of neck. The petitioner is having criminal antecedents and he is involved in five cases of theft. The petitioner is in the habit of introducing himself as security guard and committing theft in the houses. The petitioner is resident of Nepal and if he is granted bail he will flee from justice and not available for -5- NC: 2025:KHC:49061 CRL.P No. 12180 of 2025 HC-KAR trial and commit similar offence. With this, she prayed to reject the petition.
5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record.
6. The deceased is lady aged 82 years and she was alone residing in the house. The accused No.6 was doing security job in the lane in which the deceased was residing in the building of C.W.25 and she came in contact with the deceased, who told him that she required a security guard to her house and he introduced accused No.3. There was talk regarding getting security guard for the deceased. The deceased had drawn Rs.1,20,000/- from the bank. Accused Nos.1 to 6 made plan to rob the deceased on 12.08.2022. On the same day at about 09.30p.m., accused Nos.1 to 3 entered the house of deceased and accused Nos.2 and 4 were standing near the gate. Accused Nos.1 and 3 talked with the deceased and they got water from the deceased and drank it and also -6- NC: 2025:KHC:49061 CRL.P No. 12180 of 2025 HC-KAR ate biscuit given by the deceased. When deceased went inside the house, accused Nos.1 to 4 went on the terrace and accused Nos.5 and 6 have kept watch on their road. Thereafter, accused No.3 came out of the house and sent accused No.2 inside the house. Accused Nos.1 and 2 have tied the hands and legs of the deceased tightly and accused No.1 has pressed the neck of the deceased and killed her and robbed the cash kept in the almirah.
7. There is a recovery of cash of Rs.8,000/- from the petitioner and the mobile. There is robbery of Rs.2,50,000/-. Out of it, accused Nos.1 to 4 have taken Rs.50,000/- each and accused Nos.5 and 6 have taken Rs.25,000/- each. Tumbler has been seized from the house of the deceased and on examination, found with fingerprint of the petitioner. There is statement of owner of Shubham mobile shop to the effect that the petitioner has purchased mobile out of the amount he got as his share from the said robbery. The post mortem report indicates that the death of the deceased is due to -7- NC: 2025:KHC:49061 CRL.P No. 12180 of 2025 HC-KAR compression of neck. Considering all these aspects, there is a prima facie case against the petitioner for offence alleged against him. The petitioner is stated to have involved in five theft cases and he is having criminal antecedents. The petitioner is resident of Nepal and if he granted bail, there are chances of flee form justice and not available for trial.
8. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 4 Ct.sm