- 1 - HC-KAR NC: 2025:KHC:33766 CRL.P No. 10401 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10401 OF 2025 BETWEEN: ISAK S/O SADIK JAFAR AGED ABOUT 23 YEARS, RESIDING AT FLAT NO.03, 3RD FLOOR, UNITY APARTMENT, HENGLURU KUNDAPURA TALUK, UDUPI – 576 230. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: THE STATE BY MANIPAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BANGALORE - 560001. …RESPONDENT (BY SMT. ASMA KOUSAR, ADDL.SPP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.169/2024 OF MANIPAL P.S. REGISTERED FOR OFFENCE P/U/S. 140(1), 115(2), 109, 352, 351(2), 351(3) R/W 3(5) OF BNS, PENDING ON THE FILE OF THE II ADDL. SR. CIVIL JUDGE AND ACJM, UDUPI. 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:33766 CRL.P No. 10401 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.169/2024 of Manipal Police Station, registered for the offence punishable under Section 140(1), 115(2), 109, 352, 352, 351(2), 351(3) and 3(5) of the BNS, 2023. 2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the State and perused the material on record. 3. In the complaint lodged by one Mohammed Farvez Ummar, he has alleged that on 09.07.2024 at about 9:30 p.m. one Faizu @ Faizal telephoned and asked him to come to Manipal, hence, at about 10:00 p.m., he went to Manipal. Thereafter, along with Faizal, he went near Keerthi Sagar Apartment. At about 10:15 p.m., a swift car came and in the said car, one Dawood Ibrahim (Accused No.2) and Isak @ Icchu (accused No.1) were - 3 - HC-KAR NC: 2025:KHC:33766 CRL.P No. 10401 of 2025 present. The said Isak was driving the car. It is alleged, all three namely, Faizal (accused No.3), Dawood Ibrahim (accused No.2) and Isak (accused No.1) abducted him in the said car, abused him saying that he is selling ganja and he is not giving monthly haftha to them, assaulted him with wooden clubs and then left him near his house in the early morning. 4. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the case. Accused No.3 - Faizal has been granted anticipatory bail by this Court. Further, the injuries sustained by the victim are simple in nature. She submitted that the petitioner is ready and willing to abide by any conditions, which may be imposed by this Court and accordingly, sought to allow the petition. 5. Learned Additional State Public Prosecutor contended that the petitioner is a habitual offender, involved in 22 criminal cases. In view of the statement of the complainant, there is a prima facie case against the - 4 - HC-KAR NC: 2025:KHC:33766 CRL.P No. 10401 of 2025 petitioner. She contended that if the petitioner is released on bail he will once again indulge in criminal activities. 6. The charge sheet is filed against 8 accused persons for the offence punishable under Sections 140(2), 352, 351(2), 249 and 3(5) of the BNS, 2023. Petitioner is arraigned as accused No.1 in the charge sheet. The complaint allegations clearly reveal that, petitioner is involved in crime. Injuries sustained by the complainant may be simple in nature. However, it is to be noted that the petitioner is in the habit of committing crimes and in the case on hand, he along with others abducted the complainant, assaulted him demanding haftha, which shows his conduct. The fact that he has been enlarged on bail in other cases is not a ground to enlarge him on bail in this case. Obviously, while granting bail, conditions will be imposed. Petitioner has violated the conditions. Inspite of showing leniency and granting bail to the petitioner in other cases, he has once again indulged in criminal activities. Considering the antecedents of the petitioner, - 5 - HC-KAR NC: 2025:KHC:33766 CRL.P No. 10401 of 2025 there is a clear threat to the complainant and other prosecution witnesses, if he is enlarged on bail. Further, repeating similar crimes is writ large. Hence, at this stage, it is not a fit case to release the petitioner on bail. 7. Accordingly, the petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE BMC List No.: 1 Sl No.: 30