- 1 - HC-KAR CNR: KAHC010345032026 NC: 2026:KHC:40407 CRL.P No. 7304 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7304 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: MOHAMMAD RAFIQ @ MUDIPU RAFIQ AGED ABOUT 37 YEARS, S/O. U.H. ABDUL REHMAN, R/AT. NO.2-366-1, KUKKUDAKATTE HOUSE, BEHIND MUDIPU CHURCH, BALEPUNI VILLAGE AND POST, MUDIPU, BANTWALA TALUK, DAKSHINA KANNADA-574153. PRESENTLY R/A RENTED HOUSE OF RIYAZ KHAN, KADLENAHALLI, NEAR MASJID, MALUR ROAD, BENGALURU RURAL-560089. …PETITIONER (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA., ADVOCATE) AND: 1. THE STATE THE STATION HOUSE OFFICER, BAJPE POLICE STATION, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENT (BY SRI.RANGASWAMY.R., HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010345032026 NC: 2026:KHC:40407 CRL.P No. 7304 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGING THE PETITIONER ON BAIL IN CONNECTION WITH SPL. CASE NO. 365/2025, ARISING OUT OF CRIME NO. 9/2025 IN THE COURT OF PRL.DIST. AND SESSIONS JUDGE AT MYSURU, PERTAINING TO THE BAIPE POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 351(3), 351(4), 308(4), 352, 111(2)(b), 111(4), 61(2) (a) READ WITH SECTION 190 OF THE B.N.S., 2023, SECTION 42 OF THE KARNATAKA PRISON AMENDMENT ACT, 2022 AND SECTIONS 3(2) AND 3(4) OF THE KARNATAKA CONTROL OF ORGANISED CRIMES ACT, 2000 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Special Case No.365/2025, pending before the Court of Principal District and Sessions Judges and Special Judge, Mysore, arising out of Crime No.9/2025 registered by Bajpe Police Station, Dakshina Kannada District, for offences punishable under Sections 351(3), - 3 - HC-KAR CNR: KAHC010345032026 NC: 2026:KHC:40407 CRL.P No. 7304 of 2026 351(4), 308(4), 352, 111(2)(b), 111(4), 238, 61(2)(a) R/w Section 190 of BNS, 2023, Section 42 of Karnataka Prisons (Amendment) Act, 2022 and Sections 3(2) and 3(4) of Karnataka Control of Organized Crimes Act, 2000 is before this Court in this petition filed under Section 483 of BNSS 2023, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.9/2025 was registered by Bajpe Police Station, for the offences punishable under Sections 351(2), 351(3), 351(4) of BNS 2023 against Kali Yogish, based on the first information dated 25.01.2025 received from Ronald Fernandes, S/o Martin Fernandes, who is the alleged victim in the present case. In the said case, petitioner was arrested on 25.04.2025 and subsequently remanded to judicial custody. His bail application filed before the Trial Court in Special Case - 4 - HC-KAR CNR: KAHC010345032026 NC: 2026:KHC:40407 CRL.P No. 7304 of 2026 No.365/2025 was rejected on 05.05.2026. Therefore, he is before this Court. 4. Learned counsel appearing for the petitioner submits that petitioner who was arrested in Crime No.99/2024, registered by Mangaluru North Police Station for offences punishable under Sections 8(c), 22(c) of NDPS Act, and Sections 3, 25, 27 of Indian Arms Act, was granted bail in the said case by the trial Court in Special Case No.247/2024 vide order dated 01.03.2025. Thereafter petitioner has been falsely implicated in the present case, only to see that he does not come out of jail. He submits that in all other criminal cases registered against the petitioner, he has been granted bail. So far as the present case is concerned, there is absolutely no material to connect the petitioner to the crime. Accordingly, he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor who has opposed the petition, submits that - 5 - HC-KAR CNR: KAHC010345032026 NC: 2026:KHC:40407 CRL.P No. 7304 of 2026 petitioner has threatened the first informant on 05.02.2025 in a conference call, which was routed by his wife-accused No.5. The CDR of the phone calls are collected and accused No.5 has also confessed. Thereafter, statement of the first informant was recorded, wherein he has stated about the call received by him on 05.02.2025. Petitioner is a person with criminal antecedent. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered only against Kali Yogish, who is now arrayed as accused No.1 in the charge sheet. FIR was registered for offences punishable under Section 351(2), 351(3), 351(4) of BNS 2023, with an allegation that first informant had received multiple threatening calls from various phone numbers mentioned in the FIR, from the aforesaid Kali Yogish. In the charge sheet which is now filed against 8 persons, petitioner is arrayed as accused No.2. Allegation against the petitioner is that while he was in custody in the cases - 6 - HC-KAR CNR: KAHC010345032026 NC: 2026:KHC:40407 CRL.P No. 7304 of 2026 registered against him, at the instance of accused No.1, he had threatened the first informant on 05.02.2025, over a conference call which was routed by his wife-accused No.5. 7. According to the prosecution, the petitioner who was in jail was in possession of a mobile phone and was using SIM cards bearing Nos.7899097089 and 7411185992 and on 05.02.2025, he had threatened the first informant using his SIM card bearing No.7411185992. It is not in dispute that the aforesaid SIM cards and the mobile belonging to the petitioner have not been recovered in the present case. Allegation made against the petitioner is that he had destroyed the mobile phone as well as the SIM cards while in jail and had disposed of the same in the jail toilet. 8. FIR in the present case was registered on 25.01.2025. First informant who allegedly had received a threatening call from the petitioner at the instance of - 7 - HC-KAR CNR: KAHC010345032026 NC: 2026:KHC:40407 CRL.P No. 7304 of 2026 accused No.1 on 05.02.2025, had not approached the police immediately thereafter and statement of the first informant with regard to the alleged threat on 05.02.2025 was recorded for the first time on 22.04.2025, which is after a lapse of more than 75 days from the alleged date of threat. Meanwhile, petitioner's wife Mrs.Sameena Khanam was apprehended on 27.03.2025 and she was arrayed as accused No.5 in the present case. 9. It is the case of the prosecution that during the course of her interrogation, accused No.5 had confessed about the call made to the first informant by her husband through a conference call on 05.02.2025. It is only based on the confession statement of accused No.5, subsequently the further statement of first informant was recorded on 22.04.2025 and petitioner was arrested in the present case on 25.04.2025. It is relevant to notice here that petitioner was in custody in Crime No.99/2024 registered by Mangalore North Police Station, Dakshina - 8 - HC-KAR CNR: KAHC010345032026 NC: 2026:KHC:40407 CRL.P No. 7304 of 2026 Kannada District, for offences punishable under the NDPS Act and Indian Arms Act, and in the said case he was granted regular bail by the trial Court in Special Case No.247/2024, vide order dated 01.03.2025. After the petitioner was granted bail in Crime No.99/2024, based on the confession statement of accused No.5 and the further statement of first informant dated 22.04.2025, the petitioner was arrested in the present case. The petitioner who was released from jail in Crime No.99 of 2024, was arrested in the present case on 25.04.2025 and once again remanded to the judicial custody. 10. It is not in dispute that in all the other criminal cases which were earlier registered against the petitioner he has been granted bail. The Hon'ble Supreme Court in the case of Prabhakar Tewari /vs./ State of Uttar Pradesh and Another - (2020) 11 SCC 648, has observed that merely for the reason that an accused is a person with criminal antecedents, his prayer for bail - 9 - HC-KAR CNR: KAHC010345032026 NC: 2026:KHC:40407 CRL.P No. 7304 of 2026 cannot be rejected if it is found that on merits he is entitled for the said relief. In the case on hand, considering the fact that for the first time, the first informant had made a statement before the Investigation Officer on 22.04.2025 with regard to the alleged threatening call made by the petitioner on 05.02.2025, when the FIR in the present case was already registered on 25.01.2025 and also having regard to the analysis of the matter made hereinabove, I am of the opinion that prayer made by the petitioner for regular bail needs to be answered, subject to appropriate conditions. Accordingly, the following; ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.9/2025 registered by Bajpe Police Station, Dakshina Kannada District, for offences punishable under Sections 351(3), 351(4), 308(4), 352, 111(2)(b), 111(4), 238, 61(2)(a) R/w Section 190 of BNS, 2023, Section 42 of Karnataka - 10 - HC-KAR CNR: KAHC010345032026 NC: 2026:KHC:40407 CRL.P No. 7304 of 2026 Prisons (Amendment) Act, 2022 and Sections 3(2) and 3(4) of Karnataka Control of Organized Crimes Act, 2000, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. f) The petitioner is directed appear before the Station House Officer, Bajpe Police Station, - 11 - HC-KAR CNR: KAHC010345032026 NC: 2026:KHC:40407 CRL.P No. 7304 of 2026 Dakshina Kannada District, on every first Sunday of the month and mark his attendance between 10.00 a.m. to 1.00 p.m., regularly, till the case against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE KLY List No.: 1 Sl No.: 57