- 1 - HC-KAR NC: 2025:KHC:40803 CRL.P No. 10432 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 10432 OF 2025 BETWEEN: 1. MAMAMAD KHALIL ULLA BOMBAY SALEEM @ FAYAZ BHAI @ CHOTU @ SAM S/O LATE KARIM ULLA AGED ABOUT 54 YEARS R/AT KALAMANSOOR HOUSE BEHIND GURUSIDDESHWAR TALKIES TIPPASANDRA AVALAHALLI BENGALURU - 560 002. NOW AT ASLAM HOUSE BENGALURU CITY. …PETITIONER (BY SRI. K. ELANGOVAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BAGEPALLI POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40803 CRL.P No. 10432 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/A-1 ON BAIL IN CR.No.459/2024 AND S.C No.34/2025, OF BAGEPALLI POLICE, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 111, 61(2), 140(2) AND 311 OF BNS 2023, WHICH IS PENDING BEFORE THE HON’BLE III ADDL.DIST. AND SESSIONS JUDGE AT CHIKKABALLAPUR AND ETC., 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 accused No.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.459/2024 of Bagepalli Police Station pending in SC No.34/2025 registered for the offences punishable under Sections 111, 61(2), 140(2) and 311 of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned III Addl. District and Sessions Judge, Chikkaballapur. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. - 3 - HC-KAR NC: 2025:KHC:40803 CRL.P No. 10432 of 2025 3. The learned counsel for the petitioner would contend that, the investigation is over, and charge sheet has been filed. Therefore, the petitioner is not required for custodial interrogation. An amount of Rs.20,000/- has been recovered from the petitioner, and the other accused have already been granted bail. On these grounds, he prayed for grant of bail. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that, the Innova car, cash of Rs.4,50,000/-, two iron rods, one knife, and one iron chopper have been seized from accused No.1, and he had changed the number plate of his Innova car. The offence has been committed as per preplan of the petitioner. The charge sheet materials show prima facie case against the petitioner. The petitioner has made a phone call to the wife of victim, and demanded ransom, and if not given, he will kill the victim. If the petitioner is granted bail, there are chances of threatening the - 4 - HC-KAR NC: 2025:KHC:40803 CRL.P No. 10432 of 2025 prosecution witnesses and committing similar offences. With this, she prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet materials. 6. On 20.12.2024 at about 10.30 a.m, CW1 was moving in his Maruthi Swift Car bearing No.KA-11/M-6764 to repay the money borrowed to CW5, and he was carrying Rs.16,00,000/-. Upon coming to know the same, accused Nos.1 to 11 planned to rob the said money. Accused Nos.10 and 11 have informed the movements of CW1/victim in his Maruthi Swift car to accused No.1. Accused No.1 took accused Nos.2 to 5 in his Innova Hycross car bearing Regn.No.KA-04-MD-1217, and it was driven by accused No.2, and stopped the car of CW1/victim and shown knife to CW1, and made him to board Innova Hycross car, and accused No.3 followed them in car of victim, accused No.1 made a phone call to CW2/wife of CW1/victim, and told her that, he had kidnapped her husband and demanded Rs.50,00,000/- for his release or - 5 - HC-KAR NC: 2025:KHC:40803 CRL.P No. 10432 of 2025 otherwise, they will kill him. He has also made a phone call to CW3 and demanded money and threatened him. The accused persons robbed the money carried by CW1, and thereafter left him along with his car. 7. The petitioner/accused No.1 was moving in his car, which was intercepted, and from him cash of Rs.4,50,000/-, two iron rods, one knife and one iron chopper have been recovered under mahazar. The number plate of the said car of the petitioner/accused No.1 was also changed by him. 8. Considering all these aspects, there is a prima facie case against the petitioner for the offences alleged against him. The offence alleged against the petitioner is punishable with imprisonment for life. If the petitioner is granted bail, there are chances of threatening the prosecution witnesses and committing similar offences. The petitioner has not made out any grounds for bail. - 6 - HC-KAR NC: 2025:KHC:40803 CRL.P No. 10432 of 2025 In the result, the following: ORDER The petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 5