- 1 - HC-KAR NC: 2025:KHC:22740 CRL.P No. 8377 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. 8377 OF 2025 BETWEEN: MOHAMMED GHOUSE S/O HUSSANI SAB AGED ABOUT 26 YEARS R/AT NO.31/A, DASAGOD SAMSI VILLAGE AND POST HONNAVAR TALUK, UTTARA KANNADA DISTRICT - 581 322. …PETITIONER (BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADV.) AND: STATE OF KARNATAKA BY RURAL POLICE STATION BHADRAVATHI - 577 301 REP BY THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.112/2025 REGISTERED BY THE BHADRAVATHI RURAL POLICE PENDING ON THE FILE OF THE HONBLE ADDL.SENIOR CIVIL JUDGE AND J.M.F.C, BHADRAVATHI FOR THE OFFENCE P/U/S 87,351(2) OF BNS 2023. 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:22740 CRL.P No. 8377 of 2025 ORAL ORDER Accused in Crime No.112/2025 registered by Bhadravathi Rural Police Station, Shivamogga District, for the offences punishable under Sections 351(2) and 87 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.112/2025 was registered by Bhadravathi Rural Police Station, Shivamogga District for the aforesaid offences against the petitioner herein, on the basis of first information dated 20.05.2025 received from Sri Sameer, who is the brother of alleged victim. During the course of investigation, the petitioner herein was arrested on 21.05.2025 and subsequently remanded to judicial custody. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in - 3 - HC-KAR NC: 2025:KHC:22740 CRL.P No. 8377 of 2025 Crl.Misc.No.5143/2025 was dismissed on 12.06.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, the first informant, who is the brother of the alleged victim has stated that on 19.05.2025, the petitioner had kidnapped his sister from the paying guest accommodation, in which she was studying and efforts made to trace her had failed. He has stated that the petitioner has taken the victim girl in a swift car bearing registration No.KA-47-M-9802 and it is under this circumstance FIR was initially registered against the petitioner for the aforesaid offences. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner, who was arrested on 21.05.2025 was subsequently remanded to judicial custody. 6. The statement of the victim girl under Section 183 of BNS, 2023 was recorded by the jurisdictional Magistrate. A reading of the said statement would prima- facie goes to show that the victim girl has not made any - 4 - HC-KAR NC: 2025:KHC:22740 CRL.P No. 8377 of 2025 allegation against the petitioner, which would attract the alleged offences against him and on the other hand, she has stated that she was in love with the petitioner. She has stated that on 19.05.2025, the petitioner had taken her with him in his Car and on the next date when they were returning they saw her brother and mother and therefore without dropping her the petitioner drove the Car and thereafter car was intercepted by the Police. From the aforesaid statement, the allegation made against the petitioner in the first information becomes doubtful. The petitioner, who has no criminal antecedents is in custody from 21.05.2025. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER Criminal Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:22740 CRL.P No. 8377 of 2025 The petitioner is directed to be enlarged on bail in Crime No.112/2025 registered by Bhadravathi Rural Police Station, Shivamogga District, for the offences punishable under Sections 351(2) and 87 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