- 1 - HC-KAR CNR: KAHC010364282026 NC: 2026:KHC:48000 CRL.P No. 7671 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7671 OF 2026 BETWEEN: 1. ABDUL HAMEED S/O ZAKARIYA AGED ABOUT 25 YEARS KAYATADKA HOUSE MARDALA ITOOR GRAMA SUNKADAKATTE POST PUTTUR TALUK, DAKSHINA KANNADA KARANATAKA. …PETITIONER (BY SRI MUHAMMAD IRSHAD M.H, ADV.) AND: 1. STATE OF KARNATAKA BY NELAMANGALA RURAL PS REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 01. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.11 ON BAIL IN CR.NO.53/2025 OF NELAMANGALA RURAL P.S. NOW PENDING AS SPL.C.NO.1704/2025 BEFORE THE LEARNED PRL.CITY CIVIL AND SESSIONS JUDGE BENGALURU CCH-1 IN ALLEGED OFFENCE P/U/S 111,61(2)(A) AND BNS AND SEC.29 OF THE NDPS ACT 1985 AND SEC.3(1)(ii),3(2),3(4) OF KCOCA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010364282026 NC: 2026:KHC:48000 CRL.P No. 7671 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.11 in Spl.CC.No.1704/2025 pending before the Court of Principal City Civil and Sessions Judges, Bengaluru arising out of Crime No.53/2025 registered by Nelamangala Rural Police Station, for the offences punishable under Sections 111, 61(2)(a) of BNS, 2023, Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), and Sections 3(1)(ii), 3(2) and 3(4) of Karnataka Control of Organized Crimes Act, 2000, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.53/2025 was registered by Nelamangala Rural Police station for offence punishable under Section 309(6) of BNS, 2023 against Ibrahim and others, based on the first information dated 28.01.2025, received from the alleged victim, Iqbal. During the course of investigation, petitioner herein was arrested on 25.03.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed as against 15 persons and petitioner is arrayed as accused No.11 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected. Therefore, he had - 3 - HC-KAR CNR: KAHC010364282026 NC: 2026:KHC:48000 CRL.P No. 7671 of 2026 approached this Court in Crl.P.No.323/2026 which was dismissed by the Co-ordinate Bench of this Court on 23.02.2026. Subsequently, he had filed a fresh bail application before the trial Court in Spl.C.No.1704/2025 which was rejected on 19.05.2026. Therefore, he has approached this Court. 4. Learned counsel for the petitioner, reiterating the grounds urged in the petition, submits that, accused Nos.8, 10 and 13 have been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.1007/2026, Crl.P.No.4639/2026, and Crl P.No.1254/2026. Allegations against the petitioner is similar to the allegations found against the accused, who are now granted bail by the Co-ordinate Bench of this Court. Therefore, on the ground of parity, petitioner is entitled for bail. 5. Per contra, learned Additional State Public Prosecutor for State, who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. She submits that only the operative portion of the orders granting bail to accused Nos. 8, 10 and 13 are available and the reasoned order is not yet released. She accordingly prays to dismiss the petition. 6. The FIR in the present case was registered against Ibrahim and others based on the first information dated 28.01.2025 - 4 - HC-KAR CNR: KAHC010364282026 NC: 2026:KHC:48000 CRL.P No. 7671 of 2026 received from the alleged victim Iqbal. It is not in dispute that petitioner's name is not found in the FIR. A reading of the first information would reveal that first informant was carrying on the business of transport. On 25.01.2025, he was kidnapped in a Innova Crista car bearing registration No.KA-02-MN-8122 and was confined for a period of two days. He has alleged that kidnappers had snatched the amount of Rs.13 lakh in cash, which he had with him and also got transferred another sum of Rs.15 lakh from his bank account and after criminally intimidating him, they had released him. 7. During the course of investigation, petitioner herein was arrested on 25.03.2025. After completing investigation, charge sheet is now filed against 15 persons. As per the charge sheet allegations, petitioner was earlier working as a driver with CW1. It is alleged that petitioner is a member of team Garuda and accused Nos.1 and 2 are the leaders of the said team. On 23.01.2025, petitioner had met accused Nos.1 to 4, 7, 8 and 10 at Sajeepa Muda Village, Bantwal Taluk, in the property belonging to one Mahabala Shetty, and he had consumed drugs with them. On the said date, petitioner along with the aforesaid accused allegedly conspired to threaten CW1-Iqbal, and demand ransom money from him. - 5 - HC-KAR CNR: KAHC010364282026 NC: 2026:KHC:48000 CRL.P No. 7671 of 2026 8. In furtherance of such conspiracy, on 25.01.2025, accused Nos.1 to 4, who came in a car bearing registration number KA-02-MN-8122 and accused No.10 who came in a swift car bearing registration No.KA-20-MF-2604 kidnapped CW1-IqbaL from Nelamangala and had confined him for a period of two days and subsequently released him on 27.01.2025 after criminally intimidating him. It is also alleged that after CW1 was kidnapped, accused persons had snatched the amount of Rs.13 lakh which was in his possession and got transferred amount of Rs.15 lakh from his bank account. 9. Accused No.10- Thamij K @ Sameer S/o Abdul Razak is said to have participated in the conspiracy meeting that was held on 23.01.2025 as aforesaid at Sajeepa Muda Village, in which the petitioner was also present. In the subsequent act of kidnapping that was committed on 23.01.2025 also accused No.10 was present. Accused No.10 is also said to be a person with criminal antecedents and member of the aforesaid team known as Garuda team has been granted regular bail by the Co-ordinate Bench of this Court in Crl.No.4639/2026 vide order dated 22.04.2026. Accused No.8 - Muhammed Sufain S/o Mohammed Khalid, who is also said to be a person with criminal antecedent and member of Garuda team and had participated in conspiracy meeting that was held on 23.01.2025 - 6 - HC-KAR CNR: KAHC010364282026 NC: 2026:KHC:48000 CRL.P No. 7671 of 2026 at Sajeepa Muda Village as aforesaid has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.1007/2026 vide order dated 21.04.2026. Accused No.13- Jainuddin S/o Adam, who had joined accused No.1 and others after CW1 was kidnapped and had helped the other accused persons to escape and had harboured them has been granted regular bail by this court by the Co-ordinate Bench of this Court in Crl.P.No.1254/2020 disposed off on 27.04.2026. 10. This successive bail application is filed on 02.06.2026, much after the aforesaid criminal petitions were allowed by this Court. It is not in dispute that till date respondent-State has not challenged the aforesaid three orders passed by the Co-ordinate Bench of this Court granting bail to accused Nos. 8, 10 and 13. Considerable time has been granted to the State after filing of this petition. Order sheet of the case will go to show that this is the eighth time, this petition has been listed before this Court. Merely because the reasoned order in the aforesaid petitions is not yet released, the petitioner's prayer for enlargement on bail on the ground of parity cannot be kept pending indefinitely. - 7 - HC-KAR CNR: KAHC010364282026 NC: 2026:KHC:48000 CRL.P No. 7671 of 2026 11. Therefore, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively on the ground of parity. Accordingly, the following: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.CC.No.1704/2025 pending before the Court of Principal City Civil and Sessions Judges, Bengaluru arising out of Crime No.53/2025 registered by Nelamangala Rural Police Station, for the offences punishable under Sections 111, 61(2)(a) of BNS, 2023, Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), and Sections 3(1)(ii), 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; - 8 - HC-KAR CNR: KAHC010364282026 NC: 2026:KHC:48000 CRL.P No. 7671 of 2026 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. Sd/- (S VISHWAJITH SHETTY) JUDGE AG List No.: 1 Sl No.: 25