- 1 - HC-KAR NC: 2026:KHC:15783 CRL.P No. 3372 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3372 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: ALIM KHAN @ ALI BABA S/O KALEEM KHAN, AGED ABOUT 41 YEARS, R/AT NO. 73, 11TH CROSS, PADARAYANAPURA, BENGALURU-560 026 (PRESENTLY IN CENTRAL PRISON, BENGALURU) &PETITIONER (BY SRI. MUZAFFAR AHMED.,ADVOCATE) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15783 CRL.P No. 3372 of 2026 AND: STATE OF KARNATAKA BY J J NAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. &RESPONDENT (BY MS. ASMA KOUSER.,LEARNED ADDL. SPP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THIS PETITIONER ON BAIL WHO IS ARRAYED AS ACCUSED NO. 01 IN CRIME NO. 39/2026 REGISTERED BY THE RESPONDENT, JJ NAGAR POLICE STATION, FOR ALLEGED OFFENSES PUNISHABLE UNDER SECTION SECTIONS 109, 74, 352, 351(2) R/W 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS) 2023 WHICH IS PENDING BEFORE THE HON9BLE XLVI ADDL CHIEF JUDICIAL MAGISTRATE, AT BENGALURU BY IMPOSING ANY CONDITIONS TO THE SATISFACTION OF THIS HON9BLE COURT, TO MEET THE ENDS OF JUSTICE. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15783 CRL.P No. 3372 of 2026 ORAL ORDER 1. This Criminal Petition has been filed by the petitioner who is arrayed as accused No.1 in Crime No.39/2026 filed by the respondent 3 Police for the offences punishable under Section 109, 351(2), 74 read with 3(5), 352 of the Bharatiya Nyaya Sanhita, 2023 (for short BNS), seeking regular bail. Factual matrix of the case: 2. The case of the prosecution is that on 30.01.2026 at about 09.30 a.m., while the complainant was proceeding towards Padarayanapura, the accused persons allegedly intercepted and abused the complainant in filthy language, criminally intimidated him and also assaulted him. It is further alleged that the complainant was taken to the house of accused No.1, and he was assaulted with a bat and other objects, and he was threatened to sell contraband substances or else he would be murdered, or acid would be poured on him. - 4 - HC-KAR NC: 2026:KHC:15783 CRL.P No. 3372 of 2026 3. It is further stated that the petitioner herein and others even assaulted the mother and wife of the complainant and threatened them, by stating that they should sell the contraband as per their instructions. Hence, the complaint. Based on said complaint, the respondent, the police, registered a case and conducted the investigation. 4. Heard Sri. Muzaffar Ahmed, learned counsel for the petitioner and Smt. Asma Kouser, learned Additional Special Public Prosecutor for respondent. 5. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The petitioner was arrested on 02.02.2026. There is an inordinate delay in lodging the F.I.R. The vague and bald allegations are made against the petitioner and others. There are material contradictions with respect to the injuries sustained by the complainant. The petitioner has - 5 - HC-KAR NC: 2026:KHC:15783 CRL.P No. 3372 of 2026 deep is having a root in society, and there are no criminal antecedents against the petitioner. Hence, he may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per Contra, learned High Court Government Pleader for the respondent 3 State of Karnataka vehemently submitted that the petitioner has assaulted the complainant and his family members and forced him to sell contraband, though the petitioner was not interested in selling the same. If the petitioner is enlarged on bail, there may be chances of committing similar offences, and also, there may be a threat to the witnesses. Hence, it is not appropriate to grant bail. Making such submissions, the learned High Court Government Pleader for the respondent 3 State of Karnataka prays to reject the petition. - 6 - HC-KAR NC: 2026:KHC:15783 CRL.P No. 3372 of 2026 7. Heard learned counsel for the respective parties and perused the averments of the complaint. It appears from the record that the complainant was forcibly kidnapped and threatened that he should sell the contraband to the public on the instruction of the petitioner. He further submits that the complainant had been assaulted with a long chopper on the vital part of the body, as a result of which he had sustained grievous injuries. No doubt, the alleged weapons have been seized by the respondent 3 Police at the instance of the other accused. It is also noticed here that the petitioner herein has been involved in two more cases, and he is a habitual offender. 8. Be that as it may, the allegations levelled against the present petitioner would indicate that the present petitioner had assaulted the complainant with a cricket bat and with the handle of the long chopper. This would indicate that the petitioner had no intention to commit murder. Having considered the said aspect, - 7 - HC-KAR NC: 2026:KHC:15783 CRL.P No. 3372 of 2026 without adverting to the merits of the case, it is appropriate to grant bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 9. Hence, I proceed to pass the following: ORDER i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.39/2026 filed by the respondent 3 Police for the offences punishable under Section 109, 351(2), 74 read with 3(5), 352 of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one (01) surety to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper with the prosecution witnesses - 8 - HC-KAR NC: 2026:KHC:15783 CRL.P No. 3372 of 2026 nor hamper the proceedings of the Court. iv. The petitioner shall appear before the Trial Court on all hearing dates, without fail. v. The petitioner shall not indulge in any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions mentioned above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM