Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010528242026 NC: 2026:KHC:45962 CRL.P No. 11556 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11556 OF 2026 BETWEEN:
1.
MR. RAKESH GAUTUM S/O JALLU PRASHAD AGED ABOUT 24 YEARS NOW R/AT C/O RUDRESH REDDY DODDADUNASANDRA VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK - 560 067 PERMANENTLY R/AT RAMPURNADDI VILLAGE MARIYAHU POST JAUNPUR DISTRICT UTTAR PRADESH STATE - 222 105.
2.
MR. NRUP NAIK S/O SEEMANCHAL NAIK AGED ABOUT 28 YEARS NOW R/AT: C/O RUDRESH REDDY DODDADUNASANDRA VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK - 560 067 PERMANENTLY R/AT BANAMALIPURA VILLAGE MALGUNDA POST KALAHANDI DISTRICT ODISHA STATE - 766 014. …PETITIONERS (BY SRI ARUN KUMAR S, ADV.) AND:
STATE OF KARNATAKA BY ANUGONDANAHALLI POLICE STATION BENGALURU RURAL DISTRICT REPRESENTED BY THE STATE PUBLIC
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010528242026 NC: 2026:KHC:45962 CRL.P No. 11556 of 2026
PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON REGULAR BAIL IN CRIME NO.88/2026 OF RESPONDENT POLICE ANUGONDANAHALLI POLICE STATION BENGALURU RURAL DISTRICT PENDING ON THE FILE THE PRL.CIVIL JUDGE AND JMFC HOSAKOTE FOR THE OFFENCES P/U/S 140(2), 127(2) OF BNS 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused Nos.2 and 3 in Crime No.88/2026 registered by Anugondanahalli Police Station, Bengaluru, for the offences punishable under Sections 140(2) and 127(2) of BNS, 2023, are before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.88/2026 was registered by Anugondanahalli Police Station, Bengaluru, for the offence punishable under Section 140(2) of BNS, 2023, against two unknown persons based on the first information dated 08.07.2026 submitted by one Ashok Kumar Ojha. During the
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HC-KAR
CNR: KAHC010528242026 NC: 2026:KHC:45962 CRL.P No. 11556 of 2026
course of investigation, petitioners herein were arrested on 08.07.2026 and remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1489/2026 was rejected on 22.07.2026. Therefore, he is before this Court. 4. Perusal of the first information would reveal that alleged victim Jabir Hussain Barbhuiya, who hails from Assam State was the driver of the lorry bearing Reg.No.KA53/AA2746, which belongs to the first informant in the present case. On 06.07.2026 at about 09.00 p.m. victim was found talking to two persons near the gate of the warehouse belonging to the first informant. Subsequently, the victim was missing and efforts made to trace him had failed. Therefore, on 08.07.2026, FIR was registered in Crime No.88/2026 against two unknown persons for the offence punishable under Section 140(2) of BNS, 2023. During the course of investigation, accused Nos.1 to 3 were arrested and the victim, who was with accused Nos.1 to 3 was rescued and his statement was recorded on
09.07.2026. - 4 -
HC-KAR
CNR: KAHC010528242026 NC: 2026:KHC:45962 CRL.P No. 11556 of 2026
5. A reading of the statement of the alleged victim would go to show that accused persons are all known to him. It appears that auto rickshaw bearing Reg.No.AS10AC9548 which belonged to accused No.1 was purchased by the friend of the victim and for the said purpose, the purchaser appears to have borrowed loan from a private financing company. It appears that the purchaser had not repaid the loan installments and therefore, the financing company were pressuring accused No.1, who was the RC owner of the aforesaid auto rickshaw.
It is in this background, accused No.1 and the petitioners herein, who are his friends had taken the alleged victim along with them for the purpose of pressurizing him to instruct his friend to clear the loan dues in respect of the aforesaid auto rickshaw purchased by him. Petitioners do not have any other criminal antecedents and they have undertaken to cooperate with the police for the purpose of investigation and also appear before the Trial Court on the regular dates of hearing. Considering the nature of allegations found against the petitioners and the punishment provided for the alleged offences, I am of the opinion that the prayer made by the petitioners for grant of
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HC-KAR
CNR: KAHC010528242026 NC: 2026:KHC:45962 CRL.P No. 11556 of 2026
regular bail needs to be answered affirmatively. Accordingly, the following order:-
6. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.88/2026 registered by Anugondanahalli Police Station, Bengaluru, for the offences punishable under Sections 140(2) and 127(2) of BNS, 2023, subject to the following conditions:
a) Petitioners shall execute a 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 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;
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HC-KAR
CNR: KAHC010528242026 NC: 2026:KHC:45962 CRL.P No. 11556 of 2026
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
DN List No.: 1 Sl No.: 85