- 1 - HC-KAR NC: 2025:KHC:30243 CRL.P No. 4992 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 4992 OF 2025 BETWEEN: MR. BARKATH ULLA S/O SHEK GULAB JAN, AGED ABOUT 43 YEARS, R/AT ANANDA AYOUT, STADIUM ROAD, WARD NO.22, CHIKKABALLAPURA-562101 …PETITIONER (BY SMT. ABHINAYA. K., ADVOCATE) AND: STATE OF KARNATAKA BY NANDI GIRIDHAMA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001 …RESPONDENT (BY SRI. R. RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.No.22/2025 ARISING OUT OF NANDI GIRIDHAMA P. S. IN CRIME NO.88/2024, WHICH HAS BEEN REGISTERED FOR THE O/P/U/S 61(1), 140(2), 238 R/W SECTION 190 OF THE BNS, 2023 AND U/S 25 OF ARMS ACT, PENDING ON THE FILE OF III ADDL.DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30243 CRL.P No. 4992 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.1 in the charge sheet filed by Nandi Giridhama Police, in their station Crime No.88/2024 has preferred this petition under Section 483 of the BNSS, 2023, to enlarge him on bail. 2. Heard the arguments and perused the material on record. 3. One K. R. Naveen lodged a complaint on 21.07.2024 at about 12:30 noon, on the basis of which, the aforementioned crime was registered against 6 unknown persons for the offence punishable under Section 140(2), 190 of the BNS 2023 and Section 25 of the ARMS Act, 1959. 4. On completion of investigation, charge sheet was filed against accused Nos.1 to 8 for the offence punishable under Section 61(1), 140(2), 238, 190 of the BNS, 2023 and Section 25 of the ARMS Act. - 3 - HC-KAR NC: 2025:KHC:30243 CRL.P No. 4992 of 2025 5. It is the case of prosecution that accused persons conspired to kidnap the complainant/victim for ransom amount of Rs.60,00,000/-. In furtherance of the conspiracy hatched by them, on 20.07.2024 at about 07:00 a.m., they came near the farmhouse of the victim in their car with fake number plates and abducted him and demanded a ransom of Rs.60,00,000/- for his release. They assaulted him with wooden clubs and threatened him with dire consequences etc. Therefore, the victim called his friends and relatives from his mobile phone and arranged the amount demanded by the accused, which was brought to the place as instructed by the accused and handed over to them. After collecting the money brought by different persons, the accused released the victim at about 07:00 p.m. on 20.07.2024. 6. It is contended by the learned counsel for the petitioner that the FIR is registered against unknown persons and even according to the prosecution, the petitioner was not among the persons who kidnapped the - 4 - HC-KAR NC: 2025:KHC:30243 CRL.P No. 4992 of 2025 complainant. She contended that as per prosecution, CW.2 gave a statement that the present petitioner was enquiring with him about the complainant, much prior to the incident and he informed the same to the complainant. However, complainant has not suspected the petitioner as the one who is responsible for his kidnap. On the other hand, the FIR is lodged against unknown persons and only after 10 days, complainant has named the petitioner as the one who kidnapped him along with other accused persons. It is her further contention that accused Nos.4 to 8 are already enlarged on bail and accused No.6 was granted bail by the Co-ordinate Bench of this Court. Therefore, she contended that even on the ground of parity, the petitioner is entitled for bail. She submitted that the petitioner is in judicial custody from 31.07.2024 and he is the only bread earner of the family. Investigation is completed and charge sheet is filed. Therefore, by imposing any conditions petitioner may be enlarged on bail. - 5 - HC-KAR NC: 2025:KHC:30243 CRL.P No. 4992 of 2025 7. Per contra learned HCGP has opposed the prayer for bail contending that petitioner/accused No.1 is the mastermind and from his possession Rs.9,50,000/- cash has been recovered apart from a Maruthi Swift car bearing registration No.KA-41-M-7519 and two mobile phones. He contended that CCTV footages collected shows the movement of the accused/petitioner and therefore, there is a prima-facie case against the petitioner. 8. The learned HCGP further contended that Test Identification Parade is also conducted at Chikkaballapura District Prison on 13.08.2024. Further, Petitioner is involved in other criminal cases and therefore, he is not entitled for bail and if he is granted bail, he may once again commit similar offence and also tamper with the prosecution witnesses and flee from justice. He has therefore, sought to dismiss the petition. 9. FIR is registered against 6 unknown persons on the basis of first information given by the victim. In the - 6 - HC-KAR NC: 2025:KHC:30243 CRL.P No. 4992 of 2025 course of investigation, petitioner was arrested on 31.07.2024. From his possession cash of Rs.9,50,000/- as well as a Maruthi Swift car bearing registration No.KA-41- M-7519 and two mobile phones are recovered. In the First Information Report, it is alleged that on 20.07.2024 at about 07:30 a.m., when the complainant was walking near his farmhouse at Chikkasagarahalli, about 6 unknown persons came and caught hold of him and pointing a gun like material on his head, forcibly took him in their car and demanded Rs.60,00,000/- ransom to release him and assaulted him with wooden clubs etc. Thereafter, the complainant called his friends and relatives to arrange the said amount. After the amount was handed over to the accused, complainant was released. 10. A perusal of the statement of CW.2 goes to show that the petitioner herein was enquiring about the complainant and therefore, he raised suspicion against him. The fact that the name of the petitioner is not mentioned in the FIR itself is not a ground to disbelieve - 7 - HC-KAR NC: 2025:KHC:30243 CRL.P No. 4992 of 2025 the prosecution case at this stage. During investigation, voluntary statement of the accused was recorded. The accused took the police to his house and at his instance cash of R.9,50,000/- was recovered from his mother. 11. It is contended by the learned HCGP that apart from the present case, there are 3 more cases registered against the petitioner. Learned counsel for the petitioner however, contended that two of those cases arise out of matrimonial dispute and a case in Crime No.126/2024 is registered after the arrest of the petitioner in the present case. 12. It is seen from the material on record, that petitioner is an accused in Crime No.126/2024 registered at Chikkaballapura (Rural) Police Station for the offence punishable under Section 326, 323, 342, 386, 504, 506, 364-A, 120-B, 201 read with Section 34 of IPC and Section 25 of the ARMS Act. It shows that the petitioner is - 8 - HC-KAR NC: 2025:KHC:30243 CRL.P No. 4992 of 2025 involved in similar cases of kidnap and ransom, prior to registration of the present case. 13. According to the prosecution, petitioner is the master mind who conspired with other accused persons and in furtherance of the said conspiracy, offence was committed. There is a prima-facie case against the petitioner. Repeating such offences in future is not ruled out. 14. In the facts and circumstances of the case, petitioner is not entitled for the relief of bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 46