- 1 - NC: 2025:KHC:14003 CRL.P No. 329 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 329 OF 2025 BETWEEN: VIGNESH R @ AVATHAR, S/O RAMA KRISHNA, AGED ABOUT 29 YEARS, R/AT 386/4, 4TH CROSS, SHIVANNA LAYOUT, HALAGE VADEYARA HALLI, RR NAGAR, BENGALURU CITY - 560 098. …PETITIONER (BY SRI. NARAYANASWAMY K.N, ADVOCATE) AND: STATE BY CHANDRA LAYOUT POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SEC.483 OF THE CODE OF BNSS CRIMINAL PROCEDURE IN S.C.NO.1528/2024 (CR.NO.440/2024) IN CHANDRA LAYOUT P.S. FOR THE OFFENCE P/U/S 61(2), Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:14003 CRL.P No. 329 of 2025 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2), 329(4), 190 OF BNS 2023 PENDING ON THE FILE OF HONBLE LIII ADDL.CITY CIVIL AND SESSIONS SPL.JUDGE AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.9 in Crime No.440/2024 registered by Chandra Layout Police Station, Bangalore, for offences punishable under Sections 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2), 329(4) and 190 of BNS 2023 is before this Court under Section 483 of the Bharathiya Nagarik Suraksha Sanhitha, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.440/2024 was registered by the Chandra Layout Police Station, Bangalore, against Joseph and other accused persons based on the first information dated 17.08.2024 received from the victim lady. During - 3 - NC: 2025:KHC:14003 CRL.P No. 329 of 2025 the course of investigation of the case, the petitioner herein was arrested 17.08.2024. After completing investigation, charge sheet has been filed against 13 accused persons. Petitioner has been arrayed as accused No.9 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.11108/2024 was rejected on 30.12.2024. Therefore, he is before this court. 4. Learned Counsel for the petitioner submits that the only allegation against the petitioner is that he had introduced accused Nos.11 and 12 to accused No.1. There are no allegations against the petitioner about he torturing or ill-treating C.W.1 to C.W.4 either at Nayandahally or in the house of accused No.3. He further submits that accused No.11 and 12 have been granted regular bail in Crl.P.No.13214/2024 and Crl.P.No.1018/2025 respectively and accordingly he prays to allow the petition. - 4 - NC: 2025:KHC:14003 CRL.P No. 329 of 2025 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that the allegation of kidnapping C.W.1 to C.W.4 on 12.08.2024 is found against accused Nos.1, 4, 5 and 13. Accused No.2 was present in the premises in which C.W.1 to C.W.4 were ill-treated and tortured subsequently. So far as petitioner herein is concerned, allegation against him is that on 13.08.2024 he had arrived near the premises at Nayandahalli, where C.W.1 to C.W.4 were ill- treated and tortured by other accused persons and at the instance of accused No.1, he had introduced his friends accused Nos.11 and 12 to C.W.1-C.W4 as police officers from Crime Branch. Accused No.11 and 12 allegedly threatened C.Ws.2 to 4 with dire consequences, if they do not reveal the whereabouts of the articles of which theft was committed by them. Subsequently, C.Ws.2 to 4 were shifted in a car belonging to accused No.10 to the premises at Kengeri Hobli and thereafter to the house of - 5 - NC: 2025:KHC:14003 CRL.P No. 329 of 2025 accused No.3. Accused Nos.10 and 11 have been granted regular bail by this Court in Crl.P.No.12711/2024 c/w 13214/2024. Accused No.12 has been granted regular bail by this court in Crl.P.No.1018/2025 and accused No.13 has been granted regular bail by this Court in Crl.P.No.2865/2025. There is no allegation against the petitioner about he ill-treating or torturing C.W.1 to C.W.4 either on 12.08.2024 or on 13.08.2024. He is in custody from 17.08.2024. The investigation is complete and charge sheet has been filed. Considering the aforesaid aspects of the matter, I am of the opinion that his prayer for regular bail has to be answered in the affirmative. 7. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.440/2024 registered by Chandra Layout Police Station, Bangalore, for offences punishable under Sections 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), - 6 - NC: 2025:KHC:14003 CRL.P No. 329 of 2025 352, 351(2), 308(2), 329(4) and 190 OF BNS 2023, subject to the following conditions: a) Petitioner shall execute personal 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; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE YN List No.: 1 Sl No.: 32 CT: BHK