- 1 - HC-KAR NC: 2025:KHC:36824 CRL.P No. 11066 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11066 OF 2025 BETWEEN: MAHAMMED THOUFEEQ S/O LATE ISMAIL, AGED ABOUT 23 YEARS, R/AT DONTHILA HOUSE, NELYADI, KUKRADI VILLAGE, KADABA TALUK-574221 …PETITIONER (BY SRI. DHANANJAY KUMAR, FOR SRI. THOUSIF AHAMMAD A., ADVOCATE) AND: STATE OF KARNATAKA BY BANTWALA RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001 …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.53/2025 ON THE FILE OF THE ADDL.CIVIL JUDGE AND J.M.F.C, BANTWALA, D.K REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE P/U/S 140(2) OF BNS. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36824 CRL.P No. 11066 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the arguments and perused the material on record. 2. FIR in Crime No.53/2025 is registered at Bantwala Rural Police Station, against unknown persons for the offence Punishable under Section 140(2) of the BNS, 2023, on a complaint lodged by one Rabiya wife of Mohammed Rafiq. 3. It is alleged in the complaint that on 19.05.2025 at about 02:30 p.m., complainant’s brother Iqbal went out of their house, after receiving a call and did not return. On 21.05.2025 in the morning at about 07:28 a.m., her husband received a call from Iqbal stating that he has been kidnapped and the kidnappers are demanding a ransom of Rs.5,00,000/- for his release. The victim was - 3 - HC-KAR NC: 2025:KHC:36824 CRL.P No. 11066 of 2025 secured on 24.05.2025. His statement was recorded by the police and by the learned Magistrate under Section 183 of the BNSS, 2023. 4. In the remand application, petitioner is arraigned as accused No.4. He was arrested on 27.06.2025 and he is in judicial custody. 5. It is the case of prosecution that all the accused have abducted the first informant’s son by name Iqbal on 19.05.2025 and demanded a ransom of Rs.5,00,000/- for his release. 6. Perusal of the material on record goes to show that on 19.05.2025, Iqbal-the victim, and one Ziyad and another by name Iqbal went to Perne to meet accused No.1-Saleem to recover a sum of Rs.4,000/-. When Ziyad demanded the said amount from accused No.1, a quarrel took place between accused No.1 and Ziyad. In the said quarrel, accused No.1 sustained minor injuries. On seeing the people approaching, Ziyad and his friend Iqbal fled - 4 - HC-KAR NC: 2025:KHC:36824 CRL.P No. 11066 of 2025 away. It is alleged that thereafter, accused No.1 made a call, and other accused came in an Alto 800 car, and forcibly abducted complainant’s brother Iqbal in the said car saying that he is an associate of Ziyad. It is alleged that they assaulted him and demanded Rs.5,00,000/- ransom for his release. 7. Initially, quarrel took place between accused No.1-Saleem and Ziyad, when Ziyad and Iqbal had gone to Perne to recover a sum of Rs.4,000/- from Saleem. In the said quarrel, accused No.1 is alleged to have sustained injuries, since Ziyad and his friend escaped, the said Saleem and other accused are alleged to have abducted the victim, assaulted him and demanded ransom. 8. A careful perusal of the material on record goes to show that it was accused No.1, who demanded money to release the victim-Iqbal. Further, it is noticed that the petitioner herein, arraigned as accused No.4 and one Nazir got down from the car on 22.05.2025. They did not proceed in the car along with accused No.1 and the victim. - 5 - HC-KAR NC: 2025:KHC:36824 CRL.P No. 11066 of 2025 9. Learned High Court Government Pleader has contended that petitioner is involved in two more criminal cases and hence, if he is released on bail, he may indulge in similar offences and flee from justice. 10. Apprehension of the prosecution can be taken care of by imposing necessary conditions: Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner/accused in Crime No.53/2025 of Bantwala Rural Police Station, pending on the file of Additional City Civil Judge and JMFC Court, Bantwala, Dakshina Kannada District, Mangaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:36824 CRL.P No. 11066 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 36