- 1 - HC-KAR NC: 2025:KHC:22720 CRL.P No. 7129 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.7129 OF 2025 BETWEEN: SRI BALAJI B S/O BHASKAR R AGED ABOUT 21 YEARS, NO.71/1, 1ST MAIN ROAD, SAKKAMMA GARDEN, BENGALORE SOUTH POST BASAVANAGUDI BANGALORE-560 004 …PETITIONER (BY SRI SATHISHA D J, ADVOCATE) AND: STATE OF KARNATAKA SUDDUGUNTE POLICE PALYA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. …RESPONDENT (BY SMT WAHEEDA.M.M, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ACCUSED NO.5 ON BAIL IN CRIME NO.48/2025 DATED 13.02.2025 AT ANNEXURE-A BY THE SUDDUGUNTE PALYA POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 140(2), 190 OF BNS TO THE EXTENT OF PETITIONER IS CONCERNED WHICH IS PENDING BEFORE THE LEARNED 60TH ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22720 CRL.P No. 7129 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.5 in Cr.No.48/2025, registered by Suddaguntepalya police Station, Bengaluru for the offences punishable under Sections 140 (2) and 190 of Bharatiya Nyaya Sanhita (for short ‘BNS’), 2023 is before this Court under Section 483 of BNS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Cr.No.48/2025 was registered by the Suddaguntepalaya police station, Bengaluru for the aforesaid offences against five unknown persons based on the first information dated 13.02.2025, received from Sri Munian K., S/o Late Kuppeswamy, who is the alleged victim in the present case. 4. During the course of investigation of the case, petitioner herein was arrested on 22.02.2025 and subsequently, remanded to judicial custody. After completing the investigation charge sheet has been filed against the - 3 - HC-KAR NC: 2025:KHC:22720 CRL.P No. 7129 of 2025 accused persons and petitioner is arrayed as accused No.5 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2434/2025 was rejected on 04.04.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that accused No.2 has been granted regular bail by this Court in Crl.P.No.6938/2025 and accused No.3 and 4 have been granted regular bail by the jurisdictional sessions Court in Crl.Misc.No.4974/2025 and Crl.Mis.No.3878/2025. Petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. 7. First Information Report was registered in the present case against the unknown persons for the aforesaid offences. During the course of investigation, police have arrested five persons and after completing the investigation charge sheet has been filed against six persons. - 4 - HC-KAR NC: 2025:KHC:22720 CRL.P No. 7129 of 2025 8. As per the charge sheet allegations accused Nos.1 to 6 have hatched a conspiracy to kidnap Muniyan (CW1) and in furtherance of such conspiracy, accused No.3 abducted CW1 in a car bearing registration No.K.A.03-MC-0946 and thereafter, took him to a farm house at Hosakote Taluk and tried to extort a sum of Rs.50,00,000/- from his wife C.W.16. When C.W.16 informed accused No.3 that she would be lodging police complaint, accused persons allegedly robbed mobile phone, wallet and ATM cards of C.W.1 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. 9. Accused No.3 has been granted regular bail by jurisdictional sessions Court in Crl.Mis.No.4974/2025. Accused No.2 has been granted regular bail by this Court in Crl.P.No.6938/2025 and accused No.4 has been granted regular bail by the jurisdictional Sessions Court in Crl.Mis.No.3878/2025. Undisputedly, petitioner has no criminal antecedents. In the present case, investigation is completed and charge sheet is filed. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the - 5 - HC-KAR NC: 2025:KHC:22720 CRL.P No. 7129 of 2025 petitioner for grant of regular bail needs to be answered affirmatively, without expressing any opinion on the merits and demerits of the case. 10. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Cr.No.48/2025, registered by Suddaguntepalya police Station, Bengaluru, for the offences punishable under Sections 140 (2) and 190 of Bharatiya Nyaya Sanhita 2023, subject to the following conditions: a) 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; - 6 - HC-KAR NC: 2025:KHC:22720 CRL.P No. 7129 of 2025 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 MR