- 1 - HC-KAR NC: 2026:KHC:15346 CRL.P No. 1713 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1713 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: ROSHAN JAMEER @ JAMIR S/O. ASEN BASHA AGED ABOUT 24 YEARS R.AT.NO.01, THIGALARAPALYA BANGALORE NORTH PEENYA SMALL INDUSTRIES, BANGALORE KARNATAKA – 560 073 …PETITIONER (BY SRI. NISHAD S A.,ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY SPP MADANAYAKANAHALLI POLICE STATION Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15346 CRL.P No. 1713 of 2026 HIGH COURT OF KARNATAKA BUILDING BENGALURU – 560 001 …RESPONDENT (BY SRI. .,ADVOCATE) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER/ACCUNED, NO.02 ON REGULAR BAIL IR SC.NO.71/2025 ARISING OUT OF CRIME NO.1007/2024 OF MADANAVAKANAHALLY POLICE STATION, BENGALURU RURAL DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 193(3), 140(1), 103(1), 238 AND 190 OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF IX ADDL. DISTRICT AND SESSION JUDGE, BENGALURU, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15346 CRL.P No. 1713 of 2026 ORAL ORDER 1. The petitioner/accused No.2 is before this Court seeking regular bail in S.C.No.71/2025, arising out of Crime No.1007/2024, pending on the file of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru for the offences punishable under Sections 189(2), 191(2), 193(3), 140(1), 103(1), 238 and 190 of the Bharatiya Nyaya Sanhita (BNS), 2023. Brief facts of the case: 2. The case of the prosecution is that accused Nos.1 to 4, 6 and 7 are stated to have kidnapped the deceased - Akhilesh Kumar Yadav in an Innova Car and took him to the house of accused No.5, where accused Nos.1 and 2 threatened Akhilesh and asked his Company Manager to give Rs.2,00,000/- as ransom to them. When the said Akhilesh had refused to call his manager, accused Nos.1 to 6 had assaulted him and forced him to call his manager. When he called his manager, accused No.2 grabbed his phone and stated that the manager has to give Rs.2,00,000/- to release the said Yadav. When the manager of the Company had stated accused No.2 that he would inform the police in that regard, accused No.2 - 4 - HC-KAR NC: 2026:KHC:15346 CRL.P No. 1713 of 2026 disconnected and switched off the phone. It is alleged that thereafter, accused Nos.1 to 6 killed the deceased and threw the dead body near the forest area at Bellary. A complaint came to be registered by Suresha Yadav, who is a stranger to the incident stating that he had noticed a dead body of a male who was lying on the road which leads from Banavikal to Gunasagara. On receiving the said complaint, the respondent- police registered a case in UDR No.40/2024 and conducted investigation. After completion of investigation, a charge sheet was submitted. 3. Heard Sri.Nishad S.A., learned counsel for the petitioner and Smt. Anitha Girish N., learned High Court Government Pleader for respondent-State. 4. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The entire case is based on circumstantial evidence. The similarly placed other accused have been enlarged on bail by the Co-ordinate Bench of this Court. The overt act of the present petitioner is that he had assaulted and committed the murder of the deceased along - 5 - HC-KAR NC: 2026:KHC:15346 CRL.P No. 1713 of 2026 with other accused. The petitioner is a permanent resident of Thigalarapalya, Bengaluru North. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 5. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that if the petitioner is enlarged on bail, there may be chances of committing similar offences and overt act of the present petitioner is that he had assaulted the deceased on several occasions and caused murder of the deceased. Such being the fact, it is not appropriate to grant him bail. Making such submissions, learned HCGP prays to reject the petition. 6. Heard learned counsel for the respective parties and perused the averments of the charge sheet. It would indicate that accused No.1 and deceased-Akhilesh Kumar Yadav were friends. Akhilesh Kumar Yadav was in need of money had pledged his mobile phone with accused No.1 and received a sum of Rs.3,500/-. After 8 days, the said Akhilesh Kumar Yadav came to accused No.1 and requested him to hand over his - 6 - HC-KAR NC: 2026:KHC:15346 CRL.P No. 1713 of 2026 mobile phone by saying that he would give Rs.4,000/- within short period. The said Akhilesh Kumar Yadav did not pay the amount even after lapse of 3-4 days. Being annoyed by the said act, accused No.1 was unhappy. 7. On 19.10.2024, accused Nos.1, 2 and 6 had been to attend the Court case at Bengaluru. At that time, accused No.1 had informed that Akhilesh Kumar Yadav was not paying the amount of which the said Akhilesh Kumar Yadav had borrowed as a loan from him. Accused No.1 had promised that he would get his loan amount to be repaid. Accordingly, they set up a plan to get their money back. 8. Be that as it may, on going through the averments of the complaint and also the charge sheet, it appears that the petitioner and others are standing on the same footing. The case is based on circumstantial evidence. Accused Nos.3, 4, 5 and 7 were have been enlarged on bail by the Co-ordinate Bench of this Court. Having considered the facts and circumstances of the case, the present petitioner is also standing on the same footing. Hence, he is entitled to have - 7 - HC-KAR NC: 2026:KHC:15346 CRL.P No. 1713 of 2026 such a benefit as that of other accused, who are enlarged on bail. 9. Hence, I proceed to pass the following order: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in S.C.No.71/2025, arising out of Crime No.1007/2024, pending on the file of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru for the offences punishable under Sections 189(2), 191(2), 193(3), 140(1), 103(1), 238 and 190, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not indulge in any criminal cases till disposal of the case. - 8 - HC-KAR NC: 2026:KHC:15346 CRL.P No. 1713 of 2026 In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE BSS/ NR List No.: 1 Sl No.: 33