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2026 DAILYLAW 41925 (KAR)

DAUUDUL AMMEER @ AMMI v. STATE OF KARNATAKA

CRL.P/9428/2026 · 2026-09-19

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010580322026 NC: 2026:KHC:51457 CRL.P No. 12974 of 2026 C/W CRL.P No. 9428 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12974 OF 2026 C/W CRIMINAL PETITION NO. 9428 OF 2026 IN CRL.P No. 12974/2026 BETWEEN: DAUD MOHAMMED NAZEER @ NAZEER @ NAJJI @ NASRU S/O DAUD P.J AGED ABOUT 23 YEARS, R/AT MANCHI POST, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT. …PETITIONER (BY SRI. MAHAMMAD ANWAR, ADVOCATE) AND: THE STATE OF KARNATAKA BY NELAMANGALA PS REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN SPL.C.NO.1704/2025 ARISING OUT OF CR.NO.53/2025 REGISTERED BY NELAMANGALA P.S., PENDING BEFORE THE PRL. CITY CIVIL Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010580322026 NC: 2026:KHC:51457 CRL.P No. 12974 of 2026 C/W CRL.P No. 9428 of 2026 AND SESSIONS JUDGE, AT BENGALURU, FOR THE OFFENCES P/U/S 111, 140(2), 142, 310(2), 311, 254, 340(2), 238, 49, 61(2)(a) OF BNS, U/S 22(c), 27(A), 29 OF NDPS ACT, U/S 66(c), 66(d), 66(e) OF I.T ACT, U/S 27(1) OF ARMS ACT, U/S 3(1)(ii), 3(2), 3(3), 3(4), 3(5) OF KCOCA ACT. IN CRL.P NO. 9428/2026 BETWEEN: DAUUDUL AMMEER @ AMMI S/O MOHAMMED AGED ABOUT 28 YEARS R/A KUKACHI HOUSE, MANCHE POST, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT - 574 323. ...PETITIONER (BY SRI. SHETTY DEEPAK, ADVOCATE) AND: STATE OF KARNATAKA STATE BY NELAMANGALA RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. ...RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP ) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER / ACCUSED NO.4 IN CR.NO.53/2025 DATED 28.01.2025 REGISTERED BY THE NELAMANGALA RURAL P.S FOR THE OFFENCE P/U/S 111, 140(2), 142, 310(2), 311, 254, 340(2), 238, 49, 61(2)(A) OF BNS 2023 R/W SEC.22(c), 27A, 29 OF NDPS ACT 1985 AND SEC.66(c), - 3 - HC-KAR CNR: KAHC010580322026 NC: 2026:KHC:51457 CRL.P No. 12974 of 2026 C/W CRL.P No. 9428 of 2026 (D), (E) OF I.T ACT 2000 SEC.27(1) OF ARMS ACT 1959 AND SEC.3(i)(ii), 3(2), 3(3), 3(4), 3(5) OF KARNATAKA CONTROL OF ORGANIZED CRIMES ACT 2000 PENDING BEFORE THE HONBLE COURT OF PRL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CCH-01 IN SPL.C.NO.1704/2025. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.4 and 7 in Special C.C.No.1704/2025 pending before the Court of the Principal City Civil and Sessions Judge, Bengaluru, arising out of Crime No.53/2025 registered by Nelamangala Rural Police Station, Bengaluru District, for the offences punishable under Sections 111, 140(2), 142, 310(2), 311, 254, 340(2), 238, 49, 61(2)(a) of BNS, 2023, Section 22(c), 27(A), 29 of the NDPS Act, 1985, Sections 66(C),(D) and (E) of the IT Act, 2000 and Section 27(1) of the Arms Act, 1959 and 3(1)(ii), 3(2), 3(3), 3(4), 3(5) of Karnataka - 4 - HC-KAR CNR: KAHC010580322026 NC: 2026:KHC:51457 CRL.P No. 12974 of 2026 C/W CRL.P No. 9428 of 2026 Control of Organized Crimes Act, 2000, are before this Court in these petitions filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.53/2025 was registered by Nelamangala Rural Police Station, Bengaluru District for the offence punishable under Section 309(6) of BNS, 2023, against Ibrahim and others, based on the first information dated 28.01.2025 received from Iqbal K., who is the alleged victim in the present case. During the course of investigation, accused No.4 was arrested on 27.02.2025 and accused No.7 was arrested on 07.02.2025. After completing investigation, charge sheet is filed against 15 persons, and the petitioners herein are arrayed as accused Nos.4 and 7 in the charge sheet. Their bail applications filed before the jurisdictional Sessions Court were rejected. Therefore, they are before this Court. - 5 - HC-KAR CNR: KAHC010580322026 NC: 2026:KHC:51457 CRL.P No. 12974 of 2026 C/W CRL.P No. 9428 of 2026 4. Learned counsel for the petitioners submits that similarly situated other accused persons, who are also persons with criminal antecedents, have been already granted regular bail in the present case. The petitioners have been arrayed as accused in the present case solely for the reason that they are persons with criminal antecedents. Their names are not found in the FIR. Accordingly, they pray to allow the petition. 5. Per contra, learned HCGP, who has opposed the petitions does not dispute the submission made by the learned counsel for the petitioners. 6. FIR in the present case was registered against Ibrahim and others based on the first information dated 28.01.2025 received from the alleged victim Iqbal K. It is not in dispute that the name of the petitioners herein are not found in the FIR. During the course of investigation, the petitioners were arrested. After completing investigation, charge sheet is now filed against 15 persons. - 6 - HC-KAR CNR: KAHC010580322026 NC: 2026:KHC:51457 CRL.P No. 12974 of 2026 C/W CRL.P No. 9428 of 2026 In the first information, it is alleged that on 25.01.2025, the first informant, who is a businessman, was allegedly kidnapped in an Innova Crysta car bearing registration No.KA-02-MN-8122 and was confined for a period of two days. The first informant has alleged that the kidnappers had snatched the amount of 13,00,000/- in cash, which he had with him and also had got transferred another sum of Rs.15,00,000/- from his bank account and after criminally intimidating him, they had released him. 7. In the charge sheet, which is now filed against 15 persons, it is alleged that accused Nos.1 and 2 are the leaders of a gang known as "Garuda Gang". Other accused persons are said to be the members of the said gang, who are indulging in committing organized crime. On 23.01.2025, accused Nos.1 to 4, 7, 8, 10 and 11 had met in a property belonging to one Mahabala Shetty at Sagipamuda Village, Bantwal Taluk and had consumed drugs. On the said date, accused No.11, who was earlier working as a driver of CW-1-Iqbal, allegedly conspired with - 7 - HC-KAR CNR: KAHC010580322026 NC: 2026:KHC:51457 CRL.P No. 12974 of 2026 C/W CRL.P No. 9428 of 2026 the other accused persons to kidnap CW-1 and demand ransom money from him. 8. In furtherance of such conspiracy, on 25.01.2025, accused Nos.1 to 4, who came in the Innova Crysta car bearing registration No.KA-02-MN-8122 and accused No.10, who came in a Maruti Swift car bearing registration No.KA-20-MF-2604 kidnapped CW-1-Iqbal from Nelamangala and after confining him for a period of two days, they had released him on 27.01.2025 after criminally intimidating him. In the charge sheet, it is alleged that after CW-1 was kidnapped, the accused persons had snatched an amount of Rs.13,00,000/- in cash, which he had with him and also had got transferred another sum of Rs.15,00,000/- from his bank account. 9. The Co-ordinate bench of this Court in Crl.P.No.4639/2026 disposed of on 22.04.2026 has granted regular bail to accused No.10, who had arrived at the spot of crime on 25.01.2025 along with accused Nos.1 - 8 - HC-KAR CNR: KAHC010580322026 NC: 2026:KHC:51457 CRL.P No. 12974 of 2026 C/W CRL.P No. 9428 of 2026 to 4 for the purpose of kidnapping CW-1-Iqbal. Accused No.8 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 has been granted regular bail by the Co-ordinate bench of this Court in Crl.P.No.1254/2026 vide order dated 27.04.2026. 10. The allegation as against accused Nos.8, 10 and 13, who are said to be the members of the Garuda gang and are persons with criminal antecedents, is about conspiring to kidnap CW-1. It is further alleged that after CW-1 was kidnapped, the said accused persons also had got a share in the money that was robbed by the accused persons. 11. Taking into consideration that accused Nos.8, 10 and 13 were granted regular bail by the Co-ordinate bench of this Court, subsequently, accused No.11 was granted regular bail by this Court in Crl.P.No.7671/2026 vide order dated 03.09.2026. - 9 - HC-KAR CNR: KAHC010580322026 NC: 2026:KHC:51457 CRL.P No. 12974 of 2026 C/W CRL.P No. 9428 of 2026 12. The allegation as against accused No.4 in the charge sheet is that he was present along with accused Nos.1 to 3 in the Innova Crysta car in which CW-1 was kidnapped on 25.01.2025. Along with accused Nos.1 to 4, even accused No.10 had also arrived at the spot of crime on 25.01.2025 for the purpose of kidnapping CW-1. As stated earlier, accused No.10 has already been granted regular bail by the Co-ordinate bench of this Court in Crl.P.No.4639/2026 vide order dated 22.04.2026. The allegation as against accused Nos.4 and 10 is similar in the charge sheet. Insofar as accused No.7 is concerned, the allegation against him is similar to the allegation found in the charge sheet as against accused No.8, who has been granted regular bail by the Co-ordinate bench of this Court in Crl.P.No.1007/2026. The petitioners are in custody in the present case for the last nearly 18 months. Trial in the case is yet to commence. 13. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the - 10 - HC-KAR CNR: KAHC010580322026 NC: 2026:KHC:51457 CRL.P No. 12974 of 2026 C/W CRL.P No. 9428 of 2026 petitioners for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R i) The Criminal Petitions are allowed. ii) The petitioners are directed to be enlarged on bail in Special C.C.No.1704/2025 pending before the Court of the Principal City Civil and Sessions Judge, Bengaluru, arising out of Crime No.53/2025 registered by Nelamangala Rural Police Station, Bengaluru District, for the offences punishable under Sections 111, 140(2), 142, 310(2), 311, 254, 340(2), 238, 49, 61(2)(a) of BNS, 2023, Section 22(c), 27(A), 29 of the NDPS Act, 1985, Sections 66(C),(D) and (E) of the IT Act, 2000 and Section 27(1) of the Arms Act, 1959 and 3(1)(ii), 3(2), 3(3), 3(4), 3(5) of Karnataka Control of Organized Crimes Act, 2000 subject to the following conditions: - 11 - HC-KAR CNR: KAHC010580322026 NC: 2026:KHC:51457 CRL.P No. 12974 of 2026 C/W CRL.P No. 9428 of 2026 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 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 him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS List No.: 1 Sl No.: 24