- 1 - HC-KAR NC: 2026:KHC:14094 CRL.P No. 1232 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1232 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ARAFATH ALI @ ARFATH ALI @ ARFATH S/O MOHAMMED BASHEER, AGED ABOUT 18 YEARS, R/AT AZAD NAGAR, 1ST CROSS ROAD, MASTHIKATTE, ULLAL TALUK - 560 110. PRESENTLY RESIDING AT NIMRA APARTMENT, FLAT NO.01, ULLAL TALUK, D.K - 560 110. 2. MOHAMMED MUSTHAFA @ MUSTHAFA @ MUZAMMIL, S/O ANWAR, AGED ABOUT 23 YEARS, RESIDING NEAR GOUSIYA MASJID, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14094 CRL.P No. 1232 of 2026 FAIZAL NAGAR, BAJAL POST, MANGALORE - 575 027. PRESENTLY RESIDING IN A RENTED HOUSE, NEAR P. A. COLLEGE, NADUPADAVU, KONAJE, ULLALA TALUK, D.K-575 027. …PETITIONERS (BY SRI. HALEEMA AMEEN.,ADVOCATE) AND: 1. THE STATE BY NORTH POLICE STATION, MANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HIGH COURT GOVERNMENT PLEADER) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS - 3 - HC-KAR NC: 2026:KHC:14094 CRL.P No. 1232 of 2026 HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.111/2025 OF MANGALORE NORTH POLICE STATION, PENDING ON THE FILE OF THE JMFC II COURT, MANGALORE, REGISTERED FOR THE OFFENCES P/U/S 115(2), 351(2)(3), 140(3), 310(2) AND 311 OF BNS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by the petitioner herein who is arrayed as accused Nos.2 and 4 in Crime No.111/2025 filed by the respondent - Police for the offences punishable under Section 137(2) and 310(2) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case: 2. The case of the prosecution is that a complaint came to be registered by the complainant on 26.09.2025 - 4 - HC-KAR NC: 2026:KHC:14094 CRL.P No. 1232 of 2026 stating that he was working in a jewellery shop namely, Choice Gold situated at Hampanakatte. He was entrusted with the work of carrying gold ingots and give it to the jewellery makers. 3. On 26.09.2025, the complainant took 1650 grams of gold ingot placing it in the slot under the seat of his Company two-wheeler, proceeded towards Car Street to handover it to the jewellery maker. After handing over the same, when he was proceeding at the GHS Road, near Venkataramana temple around about 08.45 p.m., he noticed that another two-wheeler which was coming from his behind and he over took the rider of the said vehicle overtook him and stopped his vehicle and started to abuse him. 4. In the meantime, the white colored car came to the spot and sopped them. One person alighted from the car and took the complainant forcible and made him to sit in the car and started assaulting him. The complainant - 5 - HC-KAR NC: 2026:KHC:14094 CRL.P No. 1232 of 2026 was questioned repeatedly about the gold ingots. The scooter of the complainant was also taken along with them and the scooter was abandoned. 5. After going some distance, he was thrown out from the car. The complainant had requested a passerby and takes their cell phone and called his Manager to inform about the incident. The Manager came to the spot and took the complainant to the hospital. Thereafter case came to be registered. 6. On the basis of the said complaint, the respondent police registered case and conducted investigation. After investigation, charge sheet was submitted. 7. Heard Sri. Haleema Ameen, learned counsel for the petitioners and Sri. Rangaswamy R., learned High Court Government Pleader for respondent State. - 6 - HC-KAR NC: 2026:KHC:14094 CRL.P No. 1232 of 2026 8. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences. Nothing has been recovered at their instance. The alleged recovery has been effected in the car at the instance of accused No.4. The car belongs to accused No.6 who is enlarged on bail. 9. The petitioners herein are the residents of Ullal, Dakshina Kannada District. They are aged about 18 year and 23 year respectively. They would abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, learned counsel for the petitioners prays to allow the petition. 10. Per Contra, learned High Court Government Pleader for respondent vehemently submitted that one more case is pending against the petitioners herein in Crime No.125/2025 on Barke Police Station. As, the petitioners are the habitual offenders, it is not appropriate to grant them bail. If, the petitioners are enlarged on bail, - 7 - HC-KAR NC: 2026:KHC:14094 CRL.P No. 1232 of 2026 there may be chances of committing similar offences. Therefore, the bail petition may be rejected. Making such submissions learned High Court Government Pleader for respondent prays to reject the petition. 11. Heard learned counsel for the respective parties and perused the averments of the charge-sheet. It appears from the record that the present petitioners were present in the car at the time of the alleged incident. It is stated that the complainant had noticed the presence of these petitioners in the said car. It is also true that the identification parade has been conducted to identify the present petitioner. However, the complainant had not identified these petitioners and nothing has been recovered at their instance in the present case. 12. Having considering the said aspects, I am of the considered opinion that the present petitioners may be enlarged on bail by imposing suitable conditions that would take care of the apprehension of prosecution. - 8 - HC-KAR NC: 2026:KHC:14094 CRL.P No. 1232 of 2026 13. Accordingly, I proceed to pass the following: ORDER 1) This Criminal Petition is allowed. 2) The petitioners/accused Nos.2 and 4 are enlarged on bail in Crime No.111/2025 filed by the respondent - Police for the offences punishable under Section 137(2) and 310(2) of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- each with one (01) surety to the like sum of the satisfaction of the Trial Court. 3) The petitioners/accused Nos.2 and 4 shall not commit any similar offence till disposal of the present case. 4) The petitioners/accused Nos.2 and 4 shall appear before the Trial Court on all hearing dates, without fail. 5) The petitioners/accused Nos.2 and 4 shall not tamper the prosecution witnesses. In case, if, the petitioners/accused Nos.2 and 4, violates any of the bail conditions imposed by this Court - 9 - HC-KAR NC: 2026:KHC:14094 CRL.P No. 1232 of 2026 stated supra, liberty is reserved to the prosecution to take appropriate steps for cancellation of the bail. Sd/- (S RACHAIAH) JUDGE NM