- 1 - NC: 2025:KHC:7431 CRL.P No. 1604 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1604 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ALOK RAJ AGED ABOUT 29 YEARS, S/O SHANKARA BANGERA, RESIDING AT 2-133B, SHRI KAMALA, KELARKALABETTU UDUPI TALUK, UDUPI-576 102. 2. MOHAMMED RAZEEM AGED ABOUT 32 YEARS, S/O ABOOBAKKAR, RESIDING NEAR SCHOOL, KANCHINADKA, KAUP TALUK, UDUPI DISTRICT, PIN:574 111. 3. VIJETHA, S/O KRISHNAPPA S., AGED ABOUT 34 YEARS, RESIDING AT 9-125E, SHRI DATHA NILAYA, PITHRODY, UDYAVARA, UDUPI TALUK, UDUPI DISTRICT:574 118. …PETITIONERS (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: THE STATE BY SHO OF MANIPAL POLICE STATION, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7431 CRL.P No. 1604 of 2025 UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.1/2025 OF MANIPAL POLICE STATION, REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTIONS 329(3), 115(2), 352, 351(3), 109 R/W 3(5) OF BNS, AND SECTIONS 2(c), 27 OF ARMS ACT, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners, learned High Court Government Pleader for the State and perused the material on record. 2. FIR in Crime No.1/2025 of Manipal Police Station is registered against one Alok and three others for offences punishable under Section 329(3), 115(2), 352, 351(3) r/w 3(5) of BNS, 2023, on a complaint lodged by Roystan Russul Dsouza. - 3 - NC: 2025:KHC:7431 CRL.P No. 1604 of 2025 3. It is alleged that on 01.01.2025 at about 8.20 a.m., four unknown persons barged into the house of the complainant, abused him in filthy language, assaulted him with hands and forced him to sit in their vehicle in order to kidnap him. One of the accused brandished a knife and threatened him with dire consequences etc. 4. It is the case of prosecution that complainant was working in one Sai Sagar Bar in Manipal. On 31.12.2024 at about 11.40 p.m., Alok and his friends visited the said bar and they were smoking cigarettes. When the complainant objected, they quarrelled with him and held his neck. In view of the said incident, the accused are alleged to have trespassed into complainant’s house and tried to kidnap and attempted to kill him. 5. After recording the further statement of the complainant, Section 109 of BNS, 2023 was sought to be incorporated. A perusal of the complaint averments and further statement of the complainant does not indicate that the accused have inflicted any injuries to the - 4 - NC: 2025:KHC:7431 CRL.P No. 1604 of 2025 complainant. As per wound certificate there are no visible wounds present. 6. Learned High Court Government Pleader has contended that there are previous criminal cases registered against accused Nos.2 and 3 and therefore, if they are released on bail they may commit similar offence and also flee from justice. He contended that accused No.3 was armed with a knife and he has attempted on the life of the complainant. 7. As per remand application petitioners herein are arraigned as accused Nos.1, 3 and 2 respectively. As per the list of cases submitted by the learned High Court Government Pleader, against accused No.2 there is a case registered in the year 2016. Against accused No.3, there are eight cases registered and it is seen that he is involved in criminal cases in recent times. 8. As per prosecution, it is accused No.3 who was armed with a knife and brandished the knife at the - 5 - NC: 2025:KHC:7431 CRL.P No. 1604 of 2025 complainant. He has criminal antecedents. Hence, he is not entitled for bail. However, petitioner Nos.1 and 3 can be admitted to bail by imposing conditions. Accordingly, the following: ORDER (i) Petition is partly allowed. (ii) Petitioner Nos.1 and 3/accused Nos.1 & 2 in Crime No.1/2025 of Manipal Police Station, Udupi are ordered to be released on bail, subject to following conditions: 1. They shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. - 6 - NC: 2025:KHC:7431 CRL.P No. 1604 of 2025 4. They shall not indulge themselves in committing any offence. 5. They shall appear before the trial Court regularly on all dates of hearing. Violation of any of the above condition shall result in cancellation of bail. (iii) Petition in respect of petitioner No.2/accused No.3 is hereby rejected. He is at liberty to file a fresh bail petition before the Sessions Court after completion of investigation. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 37 Ct:ar