- 1 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 8262 of 2025 C/W CRL.P No. 8871 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8262 OF 2025 C/W CRIMINAL PETITION NO. 8871 OF 2025 IN CRL.P No. 8262/2025: BETWEEN: SYAD MUBARAK PASHA @ MUBARAK PASHA S/O RIYAZ PASHA AGED ABOUT 27 YEARS R/AT NO.4563 K S TOWN BEEDI WORKERS COLONY, KENGERI BANGALORE - 560 060. …PETITIONER (BY SRI SYED MUZAKKIR AHMED, ADV.) AND: STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE RAMANAGARA - 562 159 (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001) …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.5/2025 OF RAMANAGARA RURAL POLICE STATION, RAMANAGARA FOR OFFENCE P/US/ 310(2) OF BNS WHICH IS PENDING IN C.C.NO.45/2025 ON THE FILE OF THE HONBLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM RAMANGARA. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 8262 of 2025 C/W CRL.P No. 8871 of 2025 IN CRL.P NO. 8871/2025: BETWEEN: 1. NADEEM KHAN S/O CHAND PASHA AGED ABOUT 26 YEARS R/AT NO.22, ESHWARI NAGAR KADIRENAHALLI, BANASHANKARI 2ND STAGE, BENGALURU - 560 070. 2. ARBAZ.B. (A-5) S/O BABU AGED ABOUT 27 YEAR R/AT NO.72, 2ND CROSS SARABANDEPALYA BENGALURU - 560 070. ...PETITIONERS (BY SRI SHIVANANDA REDDY R.V, ADV.) AND: STATE OF KARNATAKA BY RAMANAGARA RURAL P.S RAMANAGARA - 562 159 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. ...RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THEM ON BAIL IN SC.NO.33/2025 ARISING OUT OF CR.NO.5/2025 REGISTERED BY THE RAMANAGARA RURAL P.S., FOR THE OFFENCES P/U/S 310(2) OF BNS, PENDING ON THE FILE OF 3rd ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA DISTRICT, AT RAMANAGARA. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 8262 of 2025 C/W CRL.P No. 8871 of 2025 ORAL ORDER Accused Nos.3 to 5 in Crime.No.5/2025 registered by Ramanagara Rural Police Station, Ramanagara District for the offence punishable under Section 310(2) of BNS, 2023 are before this Court in these two petitions filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.5/2025 was registered by Ramanagara Rural Police Station, Ramanagara District for the aforesaid offence against Sulthan and 7 others on the basis of the first information dated 08.01.2025 received from Sri Faheem Pasha S/o Ayub Pasha. During the course of investigation, accused persons were arrested on 16.01.2025 and subsequently they were remanded to judicial custody. After completing the investigation, charge sheet has been filed against six persons and the petitioners herein are arraigned as accused Nos.3 to 5 in the charge sheet filed for the aforesaid offences. - 4 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 8262 of 2025 C/W CRL.P No. 8871 of 2025 4. The bail application filed by the petitioners before the jurisdictional Sessions was rejected. Therefore, they are before this Court. 5. Learned counsel appearing on behalf of the petitioners having reiterated the grounds urged in the petitions has prayed to allow the petitions. 6. Per contra, the learned HCGP has opposed the bail applications. 7. Perusal of the material on record would go to show that, the first informant and accused No.1 are drivers by profession who work for the same employer. It is alleged that the first informant and accused No.1 had gone to Delhi in lorry bearing registration No.KA-41-D- 8740 and on 04.01.2025 after loading the aforesaid lorry with limestone and tobacco product were returning to Kasargod for delivery of the load. 8. It is alleged that on 07.01.2025 near Karwar about 7.00 p.m, accused who came in two cars intercepted - 5 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 8262 of 2025 C/W CRL.P No. 8871 of 2025 the aforesaid lorry and asked the first informant and accused No.1, who were inmates of the lorry to get down from the lorry and thereafter the first informant was kidnapped in the car, in which accused had arrived. It is in this background, FIR was registered against accused No.1 and others. 9. In the charge sheet, which is now filed it is stated that, accused Nos.2 to 6 at the instance of accused No.1 had intercepted the aforesaid lorry near Karawar and had forcibly taken the first informant in the car, in which they had arrived at the spot of crime and thereafter accused No.1 had driven the aforesaid lorry which was loaded and had parked the same in the godown of one Mathein. 10. Undisputedly, the lorry along with load has been seized at the instance of accused No.1, who was arrested on 09.01.2025. It appears that based on the confession statement of accused No.1, the other accused persons were also arrested on 16.01.2025. Though the - 6 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 8262 of 2025 C/W CRL.P No. 8871 of 2025 other accused persons were strangers to the first informant, test identification parade of the other accused persons, who were arrested in the present case has not been conducted. Undisputedly, the petitioners, who are arraigned as accused Nos.3 to 5 have no criminal antecedents. The alleged offences are not exclusively punishable with death or life imprisonment. Investigation of the case is complete and charge sheet has been filed. 11. Under these circumstances, without expressing any opinion on the merits/demerits of the case, the petitioners' prayer for grant of regular bail requires to be answered affirmatively. 12. Accordingly, the following: ORDER The Criminal Petitions are allowed. The petitioners are directed to be enlarged on bail in Crime.No.5/2025 registered by Ramanagara Rural Police Station, Ramanagara District for the offence punishable - 7 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 8262 of 2025 C/W CRL.P No. 8871 of 2025 under Section 310(2) of BNS, 2023, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS