- 1 - HC-KAR NC: 2025:KHC:42861 CRL.P No. 13872 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13872 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SYED AZGAR A-3 S/O HUSEN MOHAMMED AGED ABOUT 25 YEARS R/AT #143, KENGERI HOBLI CHIKKA BASTI, ULLALU ULLALU UPANAGARA BENGALURU - 560 056. 2. TOUSEEF PASHA A-4 S/O ATHAULLA AGED ABOUT 24 YEARS R/AT # 28, 5TH CROSS 18TH MAIN ROAD, VALMIKINAGAR MYSORE ROAD, NEAR TAHA MASJID BENGALURU – 560 026. …PETITIONERS (BY SRI MANJUNATH M R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY COMMERCIAL STREET P S BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42861 CRL.P No. 13872 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C. (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.No.126/2025 REGISTERED BY COMMERCIAL STREET P.S. BENGALURU FOR OFFENCE PUNISHABLE UNDER SECTIONS 137(2),143(4) R/W 3(5) OF BNS 2023 AND SECTIONS 81 AND 84 OF J.J ACT AND ETC. THIS PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) by accused Nos. 3 and 4 praying to grant bail in crime No. 126/2025 of Commercial Street Police Station, Bengaluru, for offence punishable under Sections 137(2), 143(4) read with Section 3(5) of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’) and Sections 81 and 84 of J.J. Act. 2. Heard learned counsel for petitioners and learned Additional SPP for respondent – State. 3. Learned counsel for petitioners would contend that there was kidnap of 7 months old child and accused - 3 - HC-KAR NC: 2025:KHC:42861 CRL.P No. 13872 of 2025 No. 1 – Salman and accused No. 2 – Simran are stated to have kidnapped the said child. There is no allegation against these petitioners of kidnapping the child and allegation against them is having received the child and giving it to one Narasimha Murthy. Statement of Narasimha Murthy does not indicate any sale of child by these petitioners to him. Petitioners are in custody since 07.08.2025 and they have been interrogated by the Police in Police custody and therefore petitioners are not required for custodial interrogation. Petitioners are ready to co- operate with the Police in further investigation and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra learned Additional SPP for respondent – State would contend that these petitioners have received the child from accused Nos. 1 and 2 who had kidnapped the child and handed over the child to Narasimha Murthy. Said Narasimha Murthy has not stated anything against these petitioners regarding sale of the - 4 - HC-KAR NC: 2025:KHC:42861 CRL.P No. 13872 of 2025 child by them to him. Investigation is in progress. With this she prayed for dismissal of the petition. 5. Having heard learned counsel for the parties, this Court has perused FIR, complaint and other materials placed on record. 6. One Smt. Kamatchi had filed complaint of kidnap of her 7 months old child and a case has been registered in Crime No. 126/2025 of Commercial Street Police Station. Said child was found with Narasimha Murthy and it has been secured. Perusal of the statement of Narasimha Murthy indicate that these petitioners have handed over the child to him. He has not stated that any consideration was passed on by him to the petitioners for handing over the child. As per remand application, accused Nos. 1 and 2 have kidnapped the child and handed over the child to these petitioners. Petitioners were taken to Police custody and were interrogated. The role of these petitioners can be ascertained only after investigation and filing of final report. Considering the said - 5 - HC-KAR NC: 2025:KHC:42861 CRL.P No. 13872 of 2025 aspect and also that the petitioners are not having any criminal antecedents, they are entitled for grant of bail. 7. In the result, the following O R D E R Petition is allowed. Petitioners are granted bail in crime No. 126/2025 of Commercial Street Police Station, Bengaluru, subject to following conditions; I. Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the jurisdictional Court. II. Petitioners shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioners shall co-operate with the Police in further investigation. IV. Petitioners shall attend the trial Court on all dates of hearing unless exempted and co- operate for speedy trial. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 2