- 1 - HC-KAR NC: 2025:KHC:21045 CRL.P No. 6938 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6938 OF 2025 BETWEEN: SHIVA S/O LATE MURUGA AGED ABOUT 28 YEARS RESIDING AT NO.105 MUNIYAPPA COLONY 2ND CROSS J C ROAD, BENGALURU - 560 064. …PETITIONER (BY Ms. SWATHI R BHAT, ADV., FOR SRI PRASANNA RAO R, ADV.) AND: STATE BY SUDDAGUNTEPALYA P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKAA BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.48/2025 OF RESPONDENT SUDDAGUNTEPALYA P.S., REGISTERED FOR ALLEGED OFFENCE P/US/ 140-2, AND 190 OF BNS ACT 2023 PENDING ON THE FILE OF THE HONBLE CJM COURT IN C.C.NO.13465/2025. 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 M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21045 CRL.P No. 6938 of 2025 ORAL ORDER 1. Accused No.2 in Crime No.48/2025 registered by Suddaguntepalya Police Station, Bengaluru, for the offences punishable under Sections 140(2), 310(2), 61(2) and 190 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.48/2025 was registered by Suddaguntepalya Police Station, Bengaluru, for the aforesaid offences against five unknown persons based on the first information dated 13.02.2025 received from Munian K, S/o late Kuppaswamy, who is the alleged victim in the present case. During the course of investigation, petitioner herein was arrested on 24.02.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against six persons and petitioner is arraigned as accused No.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2177/2025 was rejected on 26.03.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:21045 CRL.P No. 6938 of 2025 4. Learned counsel for the petitioner submits that allegation against accused Nos.2 and 4 are similar in the charge sheet. Accused No.4 has been granted regular bail in Crl.Misc.No.3878/2025 before the jurisdictional Sessions Court on 05.06.2025. Petitioner has no other criminal antecedents. Accordingly, she prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 6. First information was registered against unknown five persons initially for the offences punishable under Sections 140(2) and 190 of BNS, 2023. During the course of investigation, police have arrested five persons and after completing investigation, charge sheet has been filed against six persons. In the charge sheet, it is alleged that accused Nos.1 to 6, hatched a conspiracy to kidnap CW1 Muniyan and in furtherance of such conspiracy, accused No.3 abducted CW1 in a car bearing registration No.KA03MC0946 and thereafter, took him to a farm house at Hoskote Taluk and tried to extort a sum of Rs.50 lakhs from his wife CW16. When CW16 informed - 4 - HC-KAR NC: 2025:KHC:21045 CRL.P No. 6938 of 2025 accused No.3 that she would be lodging police complaint, accused persons allegedly robbed the mobile phone, wallet and ATM cards from CW1 and had withdrawn a sum of Rs.25,000/- using his ATM card and also transferred a sum of Rs.1,80,000/- to their bank accounts through e-transactions. The allegation against the petitioner is that he was the person who was informing the other accused persons about the movement and whereabouts of the victim. Insofar as the accused No.4 is concerned, allegation against him was that he was the person who had selected the place to confine the abducted person. Undisputedly, petitioner herein has no other criminal antecedents. Accused No.4 has been granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.3878/2025 after charge sheet was filed. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail also 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.48/2025 registered by Suddaguntepalya Police Station, Bengaluru, for the offences - 5 - HC-KAR NC: 2025:KHC:21045 CRL.P No. 6938 of 2025 punishable under Sections 140(2), 310(2), 61(2) and 190 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; 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