Mohammad Mansur v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14071 OF 2026 BETWEEN:

MOHAMMAD MANSUR S/O LATE MOIDINE AGED ABOUT 25 YEARS R/AT.KAVALKATTE VILLAGE VOGGA POST, BANTWAL TALUK DAKSHINA KANNADA DISTRICT - 574 265. …PETITIONER (BY SRI SHETTY DEEPAK, ADV.) 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 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER / ACCUSED NO.9 ON BAIL IN SPL.C.NO.1704/2025 (CR.NO.53/2025) REGISTERED BY THE NELAMANGALA RURAL POLICE STATION, FOR THE OFFENCES P/U/S 111, 49, 310(2), 140(2), 142, 311, 254, 340(2), 61(2)(A), 238 OF BNS ACT, AND SECTION 22(C), 27A, 29 OF NDPS ACT 3(3), SEC. 3(1)(ii), 3(2), 3(4) 3(5), AND SECTION 66(C) (C AND D) AND (E) OF IT ACT. AND SECTION 27(1) OF ARMS ACT OF KARNATAKA CONTROL OF ORGANIZED CRIMES ACT 2000 PENDING BEFORE THE HONBLE COURT OF PRL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE (CCH-01) IN SPL.C.NO.1704/2025.

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

¶1Accused No.9 in Special C. C. No.1704/2025 pending before the Court of Principal City Civil and Sessions Judge and Special Judge, Bengaluru, arising out of Crime No.53/2025 registered by Nelamangala Rural Police Station, Bengaluru, for the offences punishable under Sections 111, 140(2), 142, 310(2), 311, 254, 340(2), 238, 49, 61(2)(a) of BNS, 2023, Sections 22(c), 27A and 29 of the NDPS Act, 1985, Sections 66(C)(D) and (E) of the I. T. Act, 2000, Section 27(1) of the Arms Act, 1959 and Sections 3(1)(ii), 3(2), 3(3), 3(4) and 3(5) of the Karnataka Control of Organized Crimes Act, 2000, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.53/2025 was registered by Nelamangala Rural Police Station, Bengaluru, for the offence punishable under Sections 309(6) of BNS, 2023, against Ibrahim Ibbi 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, petitioner herein was arrested on 27.02.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against 15 persons. Petitioner is arraigned as accused No.9 in the charge sheet. Bail application filed by him before the jurisdictional Sessions Court was rejected. Therefore, he is before this Court.

¶4Learned counsel for the petitioner submits that accused Nos.4, 7, 8, 10 and 11, as against whom similar allegations are found and who are persons with criminal antecedents have been enlarged on bail by this Court. Petitioner, who has no other criminal antecedents is in custody for the last more than one year six months. Trial in the case is yet to commence. Accordingly, he prays to allow the petition.

¶5Per contra, learned HCGP, who has opposed the petition does not dispute the submission made by learned counsel for the petitioner.

¶6FIR 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 (CW5). It is not in dispute that the name of the petitioner herein is not found in the FIR. During the course of investigation, petitioner was arrested and remanded to judicial custody. In the charge sheet, which is subsequently filed against 15 persons, petitioner is arraigned as accused No.9. Accused Nos.1 and 2 are said to be leaders of a gang known as "Garuda Gang". Other accused persons are alleged to be the members of the said gang, who are indulged in committing organised crimes. On 23.01.2025, accused Nos.1 to 4 and 7 to 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 the other accused persons to kidnap CW-1 and demand ransom money from him.

¶7In furtherance of such conspiracy, on 25.01.2025, accused Nos.1 to 4, who came in 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.

¶8Petitioner, who allegedly had worked as a driver with CW1 was present with him at Nelamangala on the alleged date of incident and he had given information about the whereabouts of CW1 to accused No.3, who thereafter came along with other accused persons and kidnapped CW1 from Nelamangala. It is alleged that subsequently, petitioner had received a sum of Rs.10,000/- from CW3 out of the money, which was robbed by accused persons in the present case from CW1.

¶9The statement made by learned counsel for the petitioner that accused Nos.4, 7, 8 and 10 to 15 as against whom similar allegations are found in the charge sheet are now granted

regular bail by this Court, is not disputed by learned HCGP. Petitioner has no other criminal antecedents and he is in custody for the last more than one year six months. Other accused persons, who have been granted regular bail as aforesaid, are said to be persons with criminal antecedents. However, considering the nature of allegations found against them, this Court has granted them regular bail. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:-

¶10The petition is allowed. The petitioner is directed to be enlarged on bail in Special C. C. No.1704/2025 pending before the Court of Principal City Civil and Sessions Judge and Special Judge, Bengaluru, arising out of Crime No.53/2025 registered by Nelamangala Rural Police Station, Bengaluru, for the offences punishable under Sections 111, 140(2), 142, 310(2), 311, 254, 340(2), 238, 49, 61(2)(a) of BNS, 2023, Sections 22(c), 27A and 29 of the NDPS Act, 1985, Sections 66(C)(D) and (E) of the I. T. Act, 2000, Section 27(1) of the Arms Act,

1959 and Sections 3(1)(ii), 3(2), 3(3), 3(4) and 3(5) of the Karnataka Control of Organized Crimes Act, 2000, subject to the following conditions:

a) Petitioner shall execute a 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.

Sd/- (S VISHWAJITH SHETTY) JUDGE

DN/List No.: 1 Sl No.: 81