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2025 DAILYLAW 70143 (KAR)

MR MOHAMMED ASIF RISALDAR v. THE STATE OF KARNATAKA

CRL.P/13721/2025 · 2025-11-05

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44636 CRL.P No. 13721 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13721 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR MOHAMMED ASIF RISALDAR SON OF LATE AMEER AGED 42 YEARS RESIDING AT No.004, GOLDEN ARCH, R.T.NAGAR BENGLAURU - 560 032. …PETITIONER (BY SRI. KESHAVA MURTHY M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA INDIRANGAR POLICE STATION BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.188/2025 REGISTERED BY THE INDIRANAGAR POLICE, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 140(2), 115(1), 118(1), 352, 351(2),(3), 126(2), 127(2), 61 READ WITH SECTION 3(5) OF BNS BEFORE 10TH ACMM COURT, MAYOHALL AT BENGALURU. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44636 CRL.P No. 13721 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner -accused No.4 under Section 483 of BNSS praying to grant bail in Crime No.188/2025 of Indiranagara Police Station registered for offences punishable under Sections 140(2), 115(1), 118(1), 352, 351(2)(3), 126(2), 127(2), 61 read with Section 3(5) of BNS. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State. 3. Learned counsel for the petitioner would contend that accused Nos.1, 2 and 8 have been granted bail by the trial Court. The petitioner -accused No.4 is also placed similar to that of accused who have been granted bail and therefore, this petitioner is also entitled for grant of bail on the ground of parity. The petitioner is in judicial custody since 24.07.2025 and therefore, he is not required for further custodial interrogation. The complainant is also - 3 - HC-KAR NC: 2025:KHC:44636 CRL.P No. 13721 of 2025 having criminal antecedents and he is involved in two cases. The petitioner is having two kids and old aged mother to look after. With this, he prayed to allow the petition and grant bail to the petitioner –accused No.4. 4. Per contra, learned Additional SPP for the respondent –State would contend that that the offence alleged against the petitioner is a heinous offence and there is a recovery of materials used for the commission of the offence. The investigation is in progress. With these, she prays for dismissal of the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. The case of the prosecution is that the petitioner and others have abducted the complainant and assaulted him and forcibly kept him in an apartment and demanded Rs.2.5 crores for his release. The complainant is also involved in two cases in Crime No.219/2024 of High Ground Police Station and Crime No.89/2025 of Hindustan - 4 - HC-KAR NC: 2025:KHC:44636 CRL.P No. 13721 of 2025 Aeronautics Limited Police Station. Accused Nos.1, 2 and 8 have been granted bail by the trial Court. The petitioner - accused No.4 is also similarly placed to that of other accused, who have been granted bail by the trial Court. The petitioner is in judicial custody since 24.07.2025 and therefore, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.188/2025 of Indiranagar Police Station subject to following conditions; a) The petitioner –accused No.4 shall execute a personal bond for the sum of Rs.1,00,000/- with one surety for like sum to the satisfaction of the jurisdictional Court. - 5 - HC-KAR NC: 2025:KHC:44636 CRL.P No. 13721 of 2025 b) The petitioner –accused No.4 shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner –accused No.4 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. d) The petitioner –accused No.4 shall not commit any offence, if he commits any offence and case is registered against him, the prosecution is at liberty to seek cancellation of his bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 15 Ct.sm