- 1 - NC: 2025:KHC:18315 CRL.P No. 7061 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 7061 OF 2025 (438(Cr.PC) / 482(BNSS)-) BETWEEN: MOHAMMED TAHIR PASHA S/O B H AYUB PASHA, AGED ABOUT 25 YEARS, R/AT NO.14, 1ST FLOOR, 6TH CROSS, H. SIDDAIAH ROAD, WILSON GARDEN, BENGALURU SOUTH, BENGALURU - 560 027. …PETITIONER (BY SRI. A. S. KULKARNI, ADVOCATE) AND: THE STATE OF KARNATAKA BY THILAKNAGAR POLICE STATION BANGALORE - 560 041. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M M., HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C. (FILED U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.4 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN THILAKNAGAR P.S CR.NO.83/2025 FOR THE ALLEGED O/P/US/ 140(3), 308, 351(1) OF THE BNS, 2023 ON THE FILE OF THE LEARNED CHIEF JUDICIAL MAGISTRATE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18315 CRL.P No. 7061 of 2025 CORAM: HON'BLE MR JUSTICE S RACHAIAH ORDER This petition is filed by the petitioner/accused No.4 seeking for anticipatory bail in Crime No.83/2025, registered by Thilaknagar Police Station for the offences punishable under Sections 140(3), 308, 351(1) of the BNS, 2023 Brief facts of the case: 2. It is the case of the prosecution that the complainant was working at Lakme Salon situated at BTM Layout. His younger brother, Khadir, a resident of Jayanagar 3rd Block, was working at another Salon. His younger brother was in love with an unknown woman. In this regard, a quarrel arose between his younger brother and his first lover of that woman. 3. On 18.04.2025, around 8.00 a.m., while his younger brother was proceeding to his work, the first lover of that woman kidnapped his younger brother. On the same day, around 1.00 p.m., the complainant had received a call from his mother stating that his younger brother had been kidnapped by unknown Police persons. Thereafter, the complainant had - 3 - NC: 2025:KHC:18315 CRL.P No. 7061 of 2025 received a phone call from an unknown person demanding a sum of Rs.1 lakh to release his younger brother. After receiving the said information, he lodged a complaint before the respondent-Police. The respondent Police registered a case against petitioner for the offences as stated supra. 4. Heard Sri A.S.Kulkarni, learned counsel for the petitioner and Sri Waheeda M.M., learned High Court Government Pleader for the respondent/State. 5. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in the case. The FIR was initially registered against the unknown persons. The petitioner has been implicated in this case on the basis of the statements made by accused Nos.1 to 3. The petitioner is not at all connected with the alleged incident and there is no valid reasons to implicate him in the case. Hence, he may be enlarged on bail by imposing suitable conditions. 6. Per contra, though the learned High Court Government Pleader vehemently opposed the said submissions and denied the bail petition, the fact remains that, the - 4 - NC: 2025:KHC:18315 CRL.P No. 7061 of 2025 petitioner has been implicated in the case on the strength of the statements made by accused Nos.1 to 3. The alleged overt-act of the petitioner has been narrated by the co- accused. 7. Having considered the nature of the allegations and facts of the case, I am of the opinion that, it is appropriate to grant bail to the petitioner by imposing suitable conditions. 8. Hence, I proceed to pass the following order: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No. 83/2025, registered by respondent police for the offences punishable under Sections 140(3), 308, 351(1) of the BNS, 2023, pending on the file of the learned Chief Judicial Magistrate (CMM), Nrupathunga Road, Bengaluru subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh - 5 - NC: 2025:KHC:18315 CRL.P No. 7061 of 2025 only) with one surety for the likesum to the satisfaction of the jurisdiction police. (ii) The petitioner shall appear before the respondent police within one month from today to execute the bond and also the surety. (iii) The petitioner shall appear before the respondent police on fortnightly Saturday between 10.00 a.m to 2.00 p.m and he has to affix his signature till filing of the charge sheet. (iv) The petitioner shall not threaten or tamper the prosecution witnesses. (v) The petitioner shall not commit similar offences till disposal of the case. (vi) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vii) The Registry is directed to communicate this order to the jurisdictional Police Station forthwith. - 6 - NC: 2025:KHC:18315 CRL.P No. 7061 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE SMC List No.: 1 Sl No.: 51 CT:SK