- 1 - HC-KAR NC: 2025:KHC:41984 CRL.P No. 12817 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12817 OF 2025 BETWEEN: 1. FAIROZ @ FAIROZ KHAN, S/O. GULZAR KHAN, AGED ABOUT 40 YEARS, R/AT ISLAMPURA, NELAMANGALA TALUK, BENGALURU - 562 123. 2. SALMAN PASHA @ THIKKAL SALMAN, S/O. VAZEER PASHA, AGED ABOUT 29 YEARS, R/AT ISLAMPURA, NELAMANGALA TALUK, BENGALURU - 562 123. 3. NAYEEM KHAN @ NAYEEM, S/O. NASIN KHAN, AGED ABOUT 25 YEARS, R/AT ISLAMPURA, NELAMANGALA TALUK, BENGALURU - 562 123. …PETITIONERS (BY SRI. S G RAJENDRA REDDY.,ADVOCATE) AND: THE STATE BY NELAMANGALA RURAL POLICE STATION NELAMANGALA, BENGALURU, REPRESENTED BY S.P.P., Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41984 CRL.P No. 12817 of 2025 HIGH COURT, BENGALURU- 560 001. …RESPONDENT (BY SRI. M.R.PATIL, HCGP FOR R1; SRI. ABDUL MAJID, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON REGULAR BAIL IN CR.NO.185/2025 OF NELAMANGALA RURAL POLICE, FOR THE OFFENCES P/U/S 103(1), 238, 61(1)(2), 140(1) R/W 190 OF BNS, 2023, PENDING ON THE FILE OF VIII ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 3 in Crime No.185/2025 registered by Nelamangala Rural Police Station, Bengaluru District, for offences punishable under Sections 61(1), 61(2), 103(1), 238, 140(1) read with Section 190 of BNS, 2023 are before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.139/2025 was registered by Kunigal Police Station, Tumakuru, initially for offences - 3 - HC-KAR NC: 2025:KHC:41984 CRL.P No. 12817 of 2025 punishable under Sections 103(1), 238 of BNS, 2023 against unknown persons, based on the first information dated 26.03.2025 received from Krishnamurthy R, who had found the dead body of unknown person, behind Sree Ranganatha Swamy Temple premises within the jurisdiction of Kunigal Police Station, Tumakuru. 4. During the course of investigation, some of the accused were arrested. Subsequently, for want of jurisdiction, FIR in Crime No.139/2025 was transferred to Nelamangala Rural Police Station and registered in Crime No.185/2025 on 11.05.2025 against Firoz Khan and others. Accused Nos.1 to 3, who were arrested on 02.04.2025 had earlier filed bail application at crime stage before the Jurisdictional Sessions Court, which was rejected and thereafter, they had approached this Court along with two other accused in Crl.P.No.7205/2025 which was dismissed as not pressed with liberty to the petitioners therein to file a fresh bail application before the Jurisdictional Sessions Court after the final report is filed. - 4 - HC-KAR NC: 2025:KHC:41984 CRL.P No. 12817 of 2025 Thereafter, petitioners herein have filed a fresh bail application before the Jurisdictional Sessions Court in Crl.Misc.P.No.1323/2025 which was dismissed on 20th August 2025. It is under these circumstances, they are before this Court in this successive bail petition. 5. Learned counsel for the petitioners having reiterated the grounds urged in this petition submits that the entire case of the prosecution is based on circumstantial evidence. Except the voluntary statement of the co-accused, there is no other strong circumstance available against the petitioners. Accused No.12, as against whom similar allegations are found in the charge sheet has been granted regular bail by this Court in Crl.P.No.11770/2025. Petitioners herein do not have any criminal antecedent. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP and learned counsel appearing respondent No.2 - defecto complainant have - 5 - HC-KAR NC: 2025:KHC:41984 CRL.P No. 12817 of 2025 opposed the petition. They submit that accused Nos.2 and 8 are the persons who had come to the house in the early hours of 13.03.2025 and had abducted the deceased in the presence of his wife CW-11 (Seema). Thereafter, deceased had not returned home. The iron rod used to assault the deceased and the car which was used to kidnap the deceased have been recovered at the instance of accused No.1. Some of the accused are still absconding. Accordingly, they pray to dismiss this petition. 7. Perusal of the material on record would go to show that CW-11 (Seema) had approached Nelamangala Rural Police Station on 14.03.2025 and had submitted a missing complaint alleging that her husband Azaruddin was abducted by accused No.2 - Salman Pasha and accused No.8 - Saleem S, from her house at about 01.30 a.m. on 13.03.2025 and thereafter, accused No.8 had called her over mobile phone and had informed her that her husband was with them and she also had spoken to her husband, who had informed that he would be - 6 - HC-KAR NC: 2025:KHC:41984 CRL.P No. 12817 of 2025 returning home after half an hour. Subsequently his phone was switched off and he had not returned home. Therefore, on 14.03.2025 at about 16.30 hours, Seema had approched Nelamangala Rural Police Station and based on her first information a missing complaint was registered in Crime No.106/2025. Subsequently, the dead body of unknown male was found within the jurisdiction of Kunigal Police Station and based on the complaint received from Krishnamurthy R, who had found the dead body, FIR in Crime No.139/2025 was registered by Kunigal Police Station, Tumkuru, for offences punishable under Sections 103(1) and 238 of BNS, 2023 against unknown persons. 8. It appears that during the course of investigation, accused Nos.8, 9, 10 and 11 were arrested on 28.03.2025 and based on their confession statement subsequently, accused Nos.1 to 3 were arrested on 02.04.2025. Thereafter, for want of jurisdiction, FIR in Crime No.139/2025 was transferred to Nelamangala Rural Police Station and registered in Crime No.185/2025. In the - 7 - HC-KAR NC: 2025:KHC:41984 CRL.P No. 12817 of 2025 said case investigation is completed and charge sheet is already filed against 13 persons. 9. Allegation in the charge sheet is that accused No.1 had an ill will against the deceased for the reason that he had cheated him during the course of his business transactions and therefore accused No.1 on 12.03.2025 had conspired with accused No.2 to 12 to commit the murder of deceased Azaruddin and in furtherance of such conspiracy, accused Nos.1 to 12 had gone near the house of Azaruddin on the intervening night of 12.03.2025 and 13.03.2025 in two cars bearing registration No.KA-04-MH-5100 and KA-16-M-7592. The said cars were parked at a distance from the house of the deceased and accused Nos.2 and 8 had gone to the house of the deceased and had forcibly brought him along with them and deceased Azaruddin was forcibly taken by accused Nos.1 to 12 in the car bearing registration No.KA-16-M-7592 to an isolated forest area behind Sree - 8 - HC-KAR NC: 2025:KHC:41984 CRL.P No. 12817 of 2025 Ranganath Swamy Temple within the jurisdiction of Kunigal Police Station. 10. It is alleged that at the said place accused No.1 had initially assaulted deceased with an iron rod on his back and when deceased Azaruddin fell down, accused No.1 had dropped a stone on his head. Thereafter, Accused Nos.2 to 12 also allegedly dropped a stone each on the body of Azaruddin and committed his murder. Entire case of the prosecution is based on circumstantial evidence. There is no evidence collected by the prosecution to show that accused Nos.1 to 12 had come near the house of deceased in the aforesaid cars. The said allegation is based on voluntary statement of the accused. Appreciating this aspect of the matter, this Court has granted regular bail to accused No.12 as against whom similar allegation is found in the charge sheet. This Court while granting bail to accused No.12 in Crl.P.No.11770/2025 has stated that wife of the deceased namely Seema (CW-11) in her missing complaint had only - 9 - HC-KAR NC: 2025:KHC:41984 CRL.P No. 12817 of 2025 stated that Salman Pasha - accused No.2 and Saleem S - accused No.8 had come to their house on 12.03.2025 at about 01.30 a.m. and had abducted her husband. The prosecution has also placed reliance on the statement of CW-16 and CW-17, who allegedly had seen accused persons abducting the deceased on the intervening night of 12.03.2025 and 13.03.2025. However, this Court in Crl.P.No.11770/2025 while granting bail to accused No.12 has observed that statement of CW-16 and CW-17 has been recorded belatedly by the prosecution on 29.03.2025. 11. Undisputedly the petitioners herein do not have any criminal antecedents. So far as accused No.2 is concerned, there is material to show that he along with accused No.8 had come to the house of deceased on the intervening night of 12.03.2025 and 13.03.2025 and had abducted the deceased in the presence of this wife Seema(CW-11). Thereafter deceased had not returned home. Therefore, there is some prima facie material as - 10 - HC-KAR NC: 2025:KHC:41984 CRL.P No. 12817 of 2025 against accused No.2. So far as accused Nos.1 and 3 are concerned, they are rightly contended by learned counsel for the petitioner; the allegation against them is based on circumstantial evidence. Since accused No.12 has against whom similar allegations has been made in the charge sheet has been already granted regular bail by this Court in Crl.P.No.11770/2025, I am of the opinion that prayer made in this petition insofar as it relates to petitioner Nos.1 and 3 / accused Nos.1 and 3 needs to be granted and the same needs to be rejected insofar as petitioner No.2 / accused No.2. Accordingly the following: ORDER The petition is partly-allowed. The criminal petition is allowed as against petitioner Nos.1 and 3 / accused Nos.1 and 3. The criminal petition is dismissed as against petitioner No.2 / accused No.2. - 11 - HC-KAR NC: 2025:KHC:41984 CRL.P No. 12817 of 2025 The petitioner Nos.1 and 3 / accused Nos.1 and 3 are directed to be enlarged on bail in Crime No.185/2025 registered by Nelamangala Rural Police Station, Bengaluru District, for offences punishable under Sections 61(1), 61(2), 103(1), 238, 140(1) read with Section 190 of BNS, 2023, subject to the following conditions: a) Petitioner Nos.1 and 3 shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) Petitioner Nos.1 and 3 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) Petitioner Nos.1 and 3 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner Nos.1 and 3 shall not involve in similar offences in future; - 12 - HC-KAR NC: 2025:KHC:41984 CRL.P No. 12817 of 2025 e) Petitioner Nos.1 and 3 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 2