- 1 - HC-KAR NC: 2025:KHC:38080 CRL.P No. 12681 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12681 OF 2025 BETWEEN: SRI. MAHBOOB S/O YAKUB SAB, AGED ABOUT 34 YEARS, RESIDING AT ASHOK ONI, NEAR PHIRAL MOSQUE, DEVADURGA-TOWN, RAICHUR-DISTRICT. &PETITIONER (BY SRI. BRIAN CRISPIN REGO, ADVOCATE FOR SMT. MANJULA B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ATTIBELE POLICE STATION, ANEKAL-TALUQ, BENGALURU-DIST., PIN-562 107. (REPRESENTED BY LEARNED SPP, HIGH COURT OF KARNATAKA, BENGALURU, PIN-560 001. 2. SMT. HASMATH W/O MOHAMMAD MUSTAF, AGED ABOUT 25 YEARS, PRESENTLY RESIDING AT, PARVEEN BADRIN RENTED HOUSE, #525, 4TH FLOOR, ARYAN FOUNTAIN SQUARE APARTMENT, INDLUBELE, ATTIBELE-TOWN, ANEKAL-TALUQ, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38080 CRL.P No. 12681 of 2025 BENGALURU DIST., PIN-562 107 (M) 9380338310. &RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.233/2025 OF ATTIBELE P.S., ANEKAL TALUK, BENGALURU DISTRICT, FOR THE OFFENCES PUNISHALBE U/S. 140(2), 351(2) OF BNS, PENDING ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL. 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 learned counsel for petitioner, the learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner was arrested on 18.7.2025 in connection with a case registered in Cr.No.233/2025 of Attibele Police Station, Bengaluru District. - 3 - HC-KAR NC: 2025:KHC:38080 CRL.P No. 12681 of 2025 3. Complaint is lodged by the wife of the victim by name Hashmath. It is alleged that on 13.07.2025 at about 3.00 p.m., complainant9s husband left the house for work, but did not return home even at 8.00 p.m. There was no response, when the complainant tried to contact him. Thereafter, she informed the matter to her brother- in-law. While searching, his motorcycle was found parked near Bidaruguppe. A missing complaint was lodged, on the basis of which, aforementioned crime was registered. On 15.07.2025, the complainant once again visited the police station, as she had received a call from her husband9s mobile phone. It is alleged, accused No.1 by name Jilaani pasha, while answering the call, allegedly told the complainant that her husband is in their custody and demanded money due from him, for his release. 4. On 18.07.2025, police traced the victim along with accused Nos.1 to 3, while they were travelling in a Swift Desire car bearing registration No.KA-35-B-3317 on Kolar High Way Road, leading to the arrest of the accused. - 4 - HC-KAR NC: 2025:KHC:38080 CRL.P No. 12681 of 2025 5. It is the case of prosecution that the accused have abducted the complainant9s husband by name Mohammed Mustafa and wrongfully confined and threatened him, holding threat to his life etc. 6. The contention of the learned counsel for the petitioner is that the petitioner was only a cab driver and owing to some money transaction between the accused and the victim, all of them were traveling in a car to settle the matter. It is contended that accused Nos.1 and 3 are enlarged on bail by this Court whereas the petitioner is languishing in judicial custody. 7. It is not in dispute that accused Nos.1 and 3 are granted bail by this Court in Crl.P.No.12083/2025 vide order dated 12.9.2025. Major part of the investigation has been completed. Petitioner is in judicial custody from 18.7.2025. His further detention in custody may not be necessary, in the facts and circumstances of the case. Hence, the following: - 5 - HC-KAR NC: 2025:KHC:38080 CRL.P No. 12681 of 2025 ORDER I. Petition is allowed. II. Petitioner/accused No.2 in Crime No.233/2025 of Attibele Police Station, Bengaluru District, is ordered to be released on bail, subject to following conditions: 1. He 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. 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. - 6 - HC-KAR NC: 2025:KHC:38080 CRL.P No. 12681 of 2025 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 45