- 1 - NC: 2025:KHC:15802 CRL.P No. 4393 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4393 OF 2025 BETWEEN: MADHUKUMAR @ KAPPE S/O RAMAKRISHNA AGED ABOUT 33 YEARS RESIDENT OF MUDUGERE VILLAGE CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160. …PETITIONER (BY SRI ANIL KUMAR A.S, ADV., FOR SRI PARAMESWARAPPA C, ADV.) AND: THE STATE OF KARNATAKA BY CHANNAPATNA TOWN POLICE STATION MYSURU DISTRICT - 562 160 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CONNECTION WITH CRIME NO.04/2025 OF CHANNAPATNA TOWN POLICE STATION, CHANNAPATNA, RAMANAGARA DISTRICT PENDING ON THE FILE OF THE I ADDL. CIVIL JUDGE (JR.DN.) AND JMFC AT CHANNAPTNA, FOR THE AFORESAID OFFENCES P/U/S.115(2), 118(1), 351(2)(3), 126, 140(1), 140(2), 140(3) R/W SECTION 3(5) OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15802 CRL.P No. 4393 of 2025 ORAL ORDER 1. Accused No.2 in Crime No.4/2025 registered by Channapatna Town Police Station, Ramanagara, for the offences punishable under Sections 115(2), 118(1), 351(2), 351(3), 126, 140(1), 140(2), 140(3) and 3(5) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.4/2025 was registered by Channapatana Town Police Station, Ramanagara, for the aforesaid offences on the basis of the first information dated 29.01.2024 received from Jeevan M S/o Krishnamurthy against Indhukumar and others. During the course of investigation, petitioner herein was arrested 13.02.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.175/2025 was rejected on 06.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner was not present along with accused No.1 when the victim was allegedly kidnapped. The allegation against the petitioner is that he had earlier kidnapped the victim on 04.11.2024. However, no complaint was lodged by the victim with regard to the said incident. In all the earlier criminal cases, petitioner has been enlarged on bail and therefore, he has been falsely implicated in the present case. - 3 - NC: 2025:KHC:15802 CRL.P No. 4393 of 2025 5. Per contra, learned HCGP has opposed the petition on the ground that petitioner is a person with criminal antecedents and investigation in the case is under progress. 6. The material on record would go to show that accused No.1 Indhukumar and two others who came in a Swift Car on 28.01.2025 had intercepted the car of first informant and had thereafter forcibly taken him into the house in an isolated place and had assaulted him demanding a sum of Rs.50 lakhs. In the first information, it is stated that petitioner herein and one Jaya had come to the said houe and at that time, police came near the said house and all the accused persons left the house. In the further statement of the victim, he has alleged that petitioner herein and Jaya had earlier kidnapped him on 04.11.2024 and in compliance of demand made by them for payment of ransom, he had transferred a sum of Rs.28 lakhs from his friends. Respondent No.1 wife account to the account of the petitioner. Undisputedly, in respect of the alleged incident that had taken place on 04.11.2024 the victim has not lodged any complaint. Petitioner's name is not found in the FIR in the present case. It is only based on the further statement of the victim, petitioner is now arraigned as an accused in the present case. Learned counsel for the petitioner has submitted that in all the earlier criminal cases registered against the petitioner, he ahs been enlarged on bail. Accused No.4 has been - 4 - NC: 2025:KHC:15802 CRL.P No. 4393 of 2025 granted regular bail by this Court in Crl.P.No.3058/2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.4/2025 registered by Channapatna Town Police Station, Ramanagara, for the offences punishable under Sections 115(2), 118(1), 351(2), 351(3), 126, 140(1), 140(2), 140(3) and 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; - 5 - NC: 2025:KHC:15802 CRL.P No. 4393 of 2025 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 DN