- 1 - HC-KAR NC: 2025:KHC:48438 CRL.P No. 14417 of 2025 C/W CRL.P No. 15040 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14417 OF 2025 (438(Cr.PC) / 482(BNSS)) C/W CRIMINAL PETITION No. 15040 OF 2025 IN CRL.P No. 14417/2025 BETWEEN: 1. NOOR MOHAMMAD YAR MOHAMMAD CHOUDARY C/O YAR MOHAMMAD CHOUDARY AGED ABOUT 39 YEARS R/AT 303, A WING NOOR MAHAL CHS LTD., PIPE LINE ROAD, SONAPUR LANE NEAR CITY HOSPITAL, KURLA WEST MUMBAI- 400 070. &PETITIONER (BY SRI VASIM PASHA, ADVOCATE FOR SRI SIRAJUDDIN AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SAMPIGEHALLI P. S REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48438 CRL.P No. 14417 of 2025 C/W CRL.P No. 15040 of 2025 HIGH COURT OF KARNATAKA BENGALURU 3 560 001. &RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT RESPONDENT POLICE TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.No.374/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 140(1),308(2) R/W 3(5) OF BNS 2023. IN CRL.P No. 15040/2025 BETWEEN: TAIFULLA KHAN S/O SANNAULLA KHAN AGED ABOUT 34 YEARS R/O No.517, UQBA MASJID THANISANDRA BANGALORE KARNATAKA 3 560 077. ...PETITIONER (BY SRI VASIM PASHA, ADVOCATE FOR SRI SIRAJUDDIN AHMED, ADVOCATE) AND: STATE OF KARNATAKA BY SAMPIGEHALLI POLICE STATION REP. BY SPP, HIGH COURT BUILDING BANGALORE 3 560 001. ...RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE ACCUSED No.5/PETITIONER - 3 - HC-KAR NC: 2025:KHC:48438 CRL.P No. 14417 of 2025 C/W CRL.P No. 15040 of 2025 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.No.374/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 140(1),308(2) READ WITH SECTION 3(5) OF BNS. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Crl.P.No.14417/2025 is filed by accused No.1 and Crl.P.No.15040/2025 is filed by accused No.5. Both the petitions are filed under Section 482 of BNSS praying to grant anticipatory bail in respect of Crime No.374/2025 of Sampigehalli Police Station registered for the offence punishable under Sections 140(1), 308(2), 3(5) of BNSS. 2. Heard learned counsel for the petitioner and learned HCGP for respondent / State. 3. Learned counsel for petitioner would contend that on the date of alleged incident of alleged kidnap of complainant, the petitioners/accused Nos.1 and 5 were not present on the spot. There is an agreement between the wife of accused - 4 - HC-KAR NC: 2025:KHC:48438 CRL.P No. 14417 of 2025 C/W CRL.P No. 15040 of 2025 No.1 and complainant with regard to payment and in order to settle the same, secured the accused persons to the spot and filed false complaint. There is no role of these petitioners in kidnap of the complaint. The petitioners are ready to co-operate with the police in investigation. Accused Nos.2, 3 and 4 have been granted bail by the Sessions Court. With these he prayed to allow the petitions. 4. Per contra, learned HCGP would contend that on the say of accused No.1, accused Nos.2 and 3 entered the house of complainant and kidnapped the complainant. Accused No.1 is resident of Mumbai. Accused No.5 is having criminal antecedents and he is involved in three cases. With these she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. On perusal of the averments of the complaint, there was a partnership between accused No.1 and the - 5 - HC-KAR NC: 2025:KHC:48438 CRL.P No. 14417 of 2025 C/W CRL.P No. 15040 of 2025 complainant and the said partnership has been closed and complainant has returned all share of profit to accused No.1. Further the accusation of the complainant is that accused Nos.2, 3, 4 and 5 have threatened the complainant to transfer the house standing in the name of his wife to accused No.1 before 15.09.2025 or otherwise they will kill him. The further averments of the complaint indicate that accused Nos.2 to 4 on 16.09.2025 at 12 midnight came to the house of the complainant and called him for talks and abducted him and when police came to the spot they ran away. On the date of incident i.e. on 16.09.2025, petitioners/accused Nos.1 and 5 were not present on the spot. There is no serious allegations against petitioners/accused Nos.1 and 5. Petitioners have undertaken to co-operate with the police in investigation. 7. Considering the above aspects, the petitioners have made out case for grant of anticipatory bail with conditions. In the result, the following: - 6 - HC-KAR NC: 2025:KHC:48438 CRL.P No. 14417 of 2025 C/W CRL.P No. 15040 of 2025 ORDER Both the petitions are allowed. Petitioners/accused Nos.1 and 5 are ordered to be released on bail, in the event of their arrest, in Crime No.374/2025 of Sampigehalli Police Station, subject to following conditions: (i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) each, with one surety for the like sum to the satisfaction of the IO. (ii) The petitioners shall voluntarily appear before the IO within 10 days from this day and execute bail bond and furnish surety. (iii) The petitioners shall co-operate with the IO in investigation. (iv) The petitioners shall appear before the IO whenever called for. (v) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him - 7 - HC-KAR NC: 2025:KHC:48438 CRL.P No. 14417 of 2025 C/W CRL.P No. 15040 of 2025 from disclosing such facts to the court or to any police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 10 Ct.sm