- 1 - HC-KAR NC: 2025:KHC:36430 CRL.P No. 12083 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12083 OF 2025 BETWEEN: 1. MR JILANI PASHA S/O LATE DASTHAGIR, AGED ABOUT 35 YEARS, R/AT NO.12-6-590, WARD NO-28, LVS NAGARA, NEAR WATER TANK, RAICHOOR TOWN, TALUK RAICHOOR DISTRICT -584 101. 2. MR. MURTHOOJ PASHA S/O LATE DASTHAGIR, AGED ABOUT 37 YEARS, R/AT NO.12-6-590, WARD NO-28, LVS NAGARA, NEAR WATER TANK, RAICHOOR TOWN, TALUK, RAICHOOR DISTRICT 584 101. …PETITIONERS (BY SRI. HASHMATH PASH SR. ADV. FOR SRI. KARIAPPA N.A.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA ATHIBELE POLICE STATION, ANEKAL TALUK, BANGALORE DISTRICT-562 107. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPANA AGRAHARA, BANGALORE-560001, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36430 CRL.P No. 12083 of 2025 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001) …RESPONDENTS (BY MS. ASMA KOUSER., ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.233/2025 OF ATTIBELE P.S., ANEKAL TALUK, BANGALORE DISTRICT, FOR THE OFFENCES P/U/S 140(2),351(2) OF BNS, PENDING ON THE FILE OF HONBLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE 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 Petitioners/accused Nos.1 and 3 have preferred this petition under Section 483 of the BNSS, 2023 to enlarge them on bail in Crime No.233/2025 of Attibele Police Station, Bengaluru. 2. Complaint is lodged by the wife of victim by name Hashmath. It is alleged that on 13.07.2025 at about 03:00 p.m., he left the house for work, but did not return home even at 08:00 p.m. There was no response, when - 3 - HC-KAR NC: 2025:KHC:36430 CRL.P No. 12083 of 2025 the complainant tried to contact her husband. 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 husband’s 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. 3. 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. It is the case of prosecution that the accused abducted Mohammed Mustafa, complainant’s husband and wrongfully confined and threatened him, holding threat to his life etc. - 4 - HC-KAR NC: 2025:KHC:36430 CRL.P No. 12083 of 2025 5. It is the contention of the learned senior counsel that the entire allegations are false and accused have not abducted, threatened or intimidated the vicitm. He contended that there was some money transaction between the petitioners and the victim and in connection with the same, all of them have traveled in the car to settle the matter. He contended that at the most the offence committed, even accepting the case of prosecution, would amount to one of wrongful confinement which is a bailable offence. 6. According to prosecution, victim was abducted on 13.07.2025. He was traced on 18.07.2025 along with the accused, while traveling in the car together. It is not the case of prosecution that the accused have caused injuries to him. 7. The learned senior counsel, has contended that there was money transaction between the parties and the victim went along with the accused to settle the matter. - 5 - HC-KAR NC: 2025:KHC:36430 CRL.P No. 12083 of 2025 8. Petitioners were arrested on 18.07.2025. They are in judicial custody. Major part of the investigation has been completed. Their further detention in custody is not necessary. In the facts and circumstances, petitioners can be released on bail, by imposing appropriate conditions. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioners /accused Nos.1 and 3 in Crime No.233/2025 of Attibele Police Station, Anekal Taluk, Bengaluru, pending on the file of the Court of II Additional District and Sessions Judge, shall be enlarged on bail, subject to following conditions: 1. They shall execute a 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. - 6 - HC-KAR NC: 2025:KHC:36430 CRL.P No. 12083 of 2025 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not indulge themselves in committing any offence. 5. They 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.: 52