- 1 - HC-KAR NC: 2025:KHC:21832 CRL.P No. 7124 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7124 OF 2025 BETWEEN: MUTHURAJ @ BADAR S/O MANUNIRAJU AGED ABOUT 28 YEARS RESIDING AT NO.319 15TH CROSS, NEAR ISKON AKASHAYA PATRA, MARUTHINAGARA GUBBALLALA, BANGALORE - 560 061. …PETITIONER (BY SRI SRINIVASA GOWDA K, ADV.) AND: STATE OF KARNATAKA BY SHO THALAGHATAPURA P.S. BANGALORE - 560 019 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BANGALORE - 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 ENLARGE HIM ON BAIL IN CR.NO.33/2025 IN C.C.NO.2301/2025 IN S.C.NO.99/2025 OF THE RESPONDENT POLICE THAT IS THALAGHATTAPURA POLICE FOR ALLEGED OFFENCE P/US/ 111(2),137(2),309(4) OF BNS PENDING ON THE FILE OF THE A.C.J.M AT BENGALURU. 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:21832 CRL.P No. 7124 of 2025 ORAL ORDER Accused No.1 in Crime No.33/2025 registered by Thalaghattapura Police Station, Bengaluru City, for the offences punishable under Sections 111(2), 137(2), 309(4) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.33/2025 was registered by Thalaghattapura Police Station, Bengaluru City for the aforesaid offences against the petitioner herein and another, on the basis of first information dated 27.01.2025 received from Smt Vijayalakshmi, who is the mother of the alleged victim, Hemanth Gowda. During the course of investigation, the petitioner herein was arrested on 27.01.2025 and after completing investigation, charge sheet has been filed against two persons and the petitioner herein is arraigned as accused No.1 in the charge sheet filed for the aforesaid offences. - 3 - HC-KAR NC: 2025:KHC:21832 CRL.P No. 7124 of 2025 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.835/2025 was dismissed on 12.05.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that, except one criminal case in S.C.No.48/2020 registered for the offences punishable under Sections 399 and 402 of IPC, the petitioner has been acquitted in all other cases, which were registered against him. In the present case, the petitioner is in custody for the last more than five months. Accused No.2 has been enlarged on bail by the jurisdictional Sessions Court in Crl.Misc.No.193/2025. Accordingly, he prays to allow the petition. 6. Per contra, learned HCPG who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 7. FIR has been registered in the present case against the petitioner and another, based on the first information dated 27.01.2025 submitted by the mother of - 4 - HC-KAR NC: 2025:KHC:21832 CRL.P No. 7124 of 2025 the victim. Though the alleged incident had taken place on 24.01.2025 at 16.00 hours, first information is belatedly filed on 27.01.2025 at 16.00 hours, which is after a delay of three days from the date of incident. In the first information it is sated that accused persons were strangers to the victim and during the course of committing crime, one of them was addressing the another as 'Badar'. However, FIR has been registered against the petitioner herein mentioning his name as Mutturaja @ Badar and his address is also mentioned in the FIR. 8. The submission made by the learned counsel for the petitioner that except one criminal case in S.C.No.48/2020 registered for the offences punishable under Sections 399 and 402 of IPC, he has no other criminal case pending against him is not seriously disputed by learned HCGP. In spite of the same, the offence punishable under Section 111(2) of BNS, 2023 has been invoked against accused persons in the present case. - 5 - HC-KAR NC: 2025:KHC:21832 CRL.P No. 7124 of 2025 Accused No.2 has been granted regular bail by the jurisdictional Court in Crl.Misc.No.193/2025 disposed of on 13.02.2025. 9. The allegation in the FIR and the charge sheet, now filed, is that accused Nos.1 and 2 allegedly kidnapped the victim boy, aged about 18 years and by threatening him with a knife they allegedly got transferred a sum of Rs.5,000/- from his mobile to their account through phone pay app. 10. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 11. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.33/2025 registered by Thalaghattapura Police - 6 - HC-KAR NC: 2025:KHC:21832 CRL.P No. 7124 of 2025 Station, Bengaluru City, for the offences punishable under Sections 111(2), 137(2), 309(4) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS