- 1 - HC-KAR CNR: KAHC010440792026 NC: 2026:KHC:42046 CRL.P No. 9373 of 2026 C/W CRL.P No. 3739 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9373 OF 2026 C/W CRIMINAL PETITION NO. 3739 OF 2026 IN CRL.P No. 9373/2026 BETWEEN: 1. SRI. SUJITH S/O. UDAYA POOJARY, AGED ABOUT 27 YEARS, R/AT BEHIND HIRIYADKA POLICE QUARTERS, ANJARU VILLAGE, HIRIYADKA, UDUPI TALUK - 576 113. 2. SRI. SUDEEP, S/O. DEVADAS SALIYAN, AGED ABOUT 22 YEARS, R/AT GANESHAPURA, KATIPALLA, SURATHKAL, DAKSHINA KANNADA - 575 030. 3. SRI. SHRISHANANDA SHETTY @ SHRISHA, S/O. ANANDA SHETTY, AGED ABOUT 35 YEARS, R/AT HOOVAYYA SHETTY COMPOUND, S.NO.2, 4TH BLOCK, KRISHNAPURA, DELANTHABETTU, KATIPALLA, MANGALORE, DAKSHINA KANNADA - 575 030. Digitally signed by SUNITHA K S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010440792026 NC: 2026:KHC:42046 CRL.P No. 9373 of 2026 C/W CRL.P No. 3739 of 2026 4. SRI. MITHUN @ MITHUN KAIKAMBA, S/O. RAJESH AMIN, AGED ABOUT 20 YEARS, R/AT D.NO.3-100, SITE NO.532, KATIPALLA 3RD BLOCK, SURATHKAL, MANGALORE, DAKSHINA KANNADA - 575 030. …PETITIONERS (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: STATE OF KARNATAKA BY SHO, KOTA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONER ON REGULAR BAIL IN SPL.C NO.169/2026 (CRIME NO.208/2025 OF KOTA POLICE STATION) REGISTERED FOR THE OFFENCES P/U/S 189(2), 191(3), 140(2), 111(2)(b) , 113(3), 111(4), 238(A), 49 WITH 190 OF BNS 2023 SECTION 3(1)(ii), 3(2), 3(4) OF KCOC ACT, 2000 AND SECTION 4 WITH SECTIONS 25(1B)9b) OF INDIAN ARMS ACT PENDING ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, AT MYSURU. IN CRL.P NO. 3739/2026 BETWEEN: 1. SUHAS S/O NARAYANA, AGED ABOUT 31 YEARS, - 3 - HC-KAR CNR: KAHC010440792026 NC: 2026:KHC:42046 CRL.P No. 9373 of 2026 C/W CRL.P No. 3739 of 2026 R/AT PADUKUDRU, KEMMANNU VILLAGE, UDUPI TALUK, UDUPI DISTRICT - 576 115. 2. MANOJ V. KOTIAN, S/O LATE VITTALA, AGED ABOUT 34 YEARS, R/AT NO.10-125, HOODE, PADUTHONSE VILLAGE, KEMMANNU POST, UDUPI TALUK, UDUPI DISTRICT - 576 115. ...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, KOTA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. ...RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH CR.NO.208/2025 PERTAINING TO KOTA P.S., FOR THE OFFENCES P/U/S 140(1), 308(4) R/W 3(5) OF BNS, 2023, U/S 3 OF KCOCA, 2000, PENDING BEFORE THE HONBLE PRL. DISTRICT AND SESSIONS JUDGE, SPECIAL COURT FOR KCOCA CASES. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010440792026 NC: 2026:KHC:42046 CRL.P No. 9373 of 2026 C/W CRL.P No. 3739 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.4 to 9 in Special Case No.169 of 2026 pending before the Court of Principal District and Sessions Judge, Mysuru, arising out of Crime No.208 of 2025 registered by Kota Police Station, Udupi for the offences punishable under Section 189(2), 191(3), 140(2), 111(2)(b), 113(3), 111(4), 238(A), 140(1), 308(4), 112 read with Section 3(5), 49 with 190 of BNS, 2023, Section 3(1)(ii), 3(2), 3(4) of KCOC Act, 2000 and Section 4, 25(1B)(b) of Indian Arms Act, are before this Court in these two criminal petitions filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.208 of 2025 was registered by Kota Police Station, Udupi for offences punishable under Section 140(1), 308(4), 112, 3(5) of BNS, 2023 against Manoj Kodikere (accused No.1) and unknown two to three - 5 - HC-KAR CNR: KAHC010440792026 NC: 2026:KHC:42046 CRL.P No. 9373 of 2026 C/W CRL.P No. 3739 of 2026 persons, based on the first information dated 19.11.2025 received from Mohanadas Shetty.N (CW1), who is the father of alleged victim Thejas (CW2). In the said case, the petitioners were arrested during the course of investigation and after completing investigation, the charge sheet has been filed against nine persons. In the said charge sheet, petitioners are arrayed as accused Nos.4 to 9. Their bail application filed before the jurisdictional Sessions Court in Special Case No.169 of 2026 was rejected on 01.06.2026. Therefore, they are before this Court. 4. Learned counsels appearing for the petitioners submit that the petitioners do not have any criminal cases pending against them except the present case. They are in custody in the present case for the last more than 6 months. CW2, who is the alleged victim, is a close acquaintance of Manoj Kodikere (accused No.1) and they were earlier lodged together in jail. CW2 is also a person with multiple criminal antecedents. None of the accused - 6 - HC-KAR CNR: KAHC010440792026 NC: 2026:KHC:42046 CRL.P No. 9373 of 2026 C/W CRL.P No. 3739 of 2026 persons made any ransom call in the present case. It was only CW2, who was facing severe financial problems, who allegedly made a call to CW3 about demand for ransom amount of Rs.50,00,000/-, and they had actually planned to squeeze money from CW1. Accused persons are made as scapegoats subsequently in the present case. Accordingly, they pray to allow the petition. 5. Per contra, learned Additional State Public Prosecutor who has opposed the petition submits that the petitioners had indulged in commission of a heinous offence of kidnapping a person for ransom. The petitioners are accomplices of accused Nos.1 to 3, who are persons with criminal antecedents, and they are indulged in committing organized crime. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered against one Manoj Kodikere (accused No.1) and unknown two to three others. First informant is the father of CW2. In the - 7 - HC-KAR CNR: KAHC010440792026 NC: 2026:KHC:42046 CRL.P No. 9373 of 2026 C/W CRL.P No. 3739 of 2026 first information, it is stated that he had received a phone call from Prajwal (CW3), who had informed him that Thejas (CW2) was kidnapped and Thejas had subsequently contacted him over whats-app call and informed him that the persons who had kidnapped him were demanding Rs.50,00,000/- and also had threatened to kill him if payment is not made. Subsequently they had also made a demand for a sum of Rs.3 crores and threatened that they will release Thejas only if the said amount is paid and otherwise they would commit his murder. It is in this background, FIR was registered against Manoj Kodikere (accused No.1), who is named in the first information by CW1, who is the father of CW2. 7. During the course of investigation in the said case, the petitioners herein were arrested and in the charge sheet which was filed, they are arrayed as accused Nos.4 to 9. Allegation as against the petitioners is that they along with accused Nos.2 and 3 had kidnapped CW2 and thereafter, confined him in a home stay and - 8 - HC-KAR CNR: KAHC010440792026 NC: 2026:KHC:42046 CRL.P No. 9373 of 2026 C/W CRL.P No. 3739 of 2026 subsequently, in a resort and had made demand for payment of ransom. 8. Undisputedly, CW1 or CW3 have not received any call from any of the accused in the present case demanding ransom for the release of Thejas (CW2). According to the prosecution, after CW2 was kidnapped, he had made a call to CW3 and informed him that he was kidnapped and the kidnappers were demanding ransom money for his release. They had also threatened that they would be committing his murder if the ransom amount was not paid. 9. The statement of Prajwal (CW3) has been recorded in the present case on 28.01.2026. In the said statement, it is stated that on 19.11.2025 at about 12.12 p.m., he had received a whats-app call from Thejas (CW2), who asked him to arrange a sum of Rs.50,00,000/- urgently, as the same was required to be handed over to somebody. CW3 has not stated that CW2 - 9 - HC-KAR CNR: KAHC010440792026 NC: 2026:KHC:42046 CRL.P No. 9373 of 2026 C/W CRL.P No. 3739 of 2026 had informed him that he was kidnapped and the kidnappers were demanding ransom money. CW3 has also not stated that the kidnappers who had initially demanded Rs.50,00,000/- had subsequently made a demand for sum of Rs.3,00,000/- and they had threatened to commit the murder of CW2 in the event the said money was not paid. After having received the call from CW2, CW3 in turn had informed CW1 that his son was kidnapped, though such information was not passed over to him by CW2. Therefore, I find some force in the arguments that it was CW2 and CW3, who had hatched the sketch of kidnapping. 10. The statement of Thejas (CW2) who is the alleged victim in the present case, was recorded on 19.11.2025, the date on which the FIR was registered. In the said statement, it is stated that he got acquainted with Manoj Kodikere (accused No.1), when he was in jail and accused No.1 had agreed to recover money from Vickyth Shetty (CW8), who was due to pay money to CW2. He has thereafter stated that for the purpose of recovering money - 10 - HC-KAR CNR: KAHC010440792026 NC: 2026:KHC:42046 CRL.P No. 9373 of 2026 C/W CRL.P No. 3739 of 2026 from CW8 on instructions from accused No.1, he had gone to the place from where he was taken by the other accused persons in a car on 19.11.2025. From the aforesaid, it appears that CW1 was facing severe problems and was desperate to recover money from CW8 and therefore, had sought the services of accused No.1 for the said purpose. 11. It is not in dispute that there was no other criminal case pending against the petitioners herein as on the date of their arrest. Investigation of the case is completed and charge sheet has been filed. Alleged victim CW2 was released on 19.11.2025 itself and undisputedly he had no injuries on his body. 12. Under the circumstances, I am of the view that without expressing any opinion on merits and demerits of the case, prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: - 11 - HC-KAR CNR: KAHC010440792026 NC: 2026:KHC:42046 CRL.P No. 9373 of 2026 C/W CRL.P No. 3739 of 2026 O R D E R The Criminal Petitions are allowed. The petitioners are directed to be enlarged on bail in Special Case No.169 of 2026 pending before the Court of Principal District and Sessions Judge, Mysuru, arising out of Crime No.208 of 2025 registered by Kota Police Station, Udupi for the offences punishable under Section 189(2), 191(3), 140(2), 111(2)(b), 113(3), 111(4), 238(A), 140(1), 308(4), 112 read with Section 3(5), 49 with 190 of BNS, 2023, Section 3(1)(ii), 3(2), 3(4) of KCOC Act, 2000 and Section 4, 25(1B)(b) of Indian Arms Act, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial - 12 - HC-KAR CNR: KAHC010440792026 NC: 2026:KHC:42046 CRL.P No. 9373 of 2026 C/W CRL.P No. 3739 of 2026 Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 30