Mohammadh Saif @ Tiger Saif, v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12334 OF 2026 BETWEEN:

MOHAMMADH SAIF @ TIGER SAIF, S/O LATE MOHAMMADH AKRAM, AGED ABOUT 27 YEARS, ISLAMPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. VINAY D., ADVOCATE) AND:

STATE OF KARNATAKA, BY NELAMANGALA RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI.RAHUL RAI K., HCGP)

THIS CRL.P. IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER FOR THE OFFENCE P/U/S 61(1)(2), 103(1), 238, 140(1) R/W OF BNS REGISTERED IN RESPONDENT P.S. IN CR.NO.185/2025 AND NOW IN S.C.NO.153/2026 PENDING ON

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

THE FILE OF VIII ADDL.DIST. AND SESSIONS JUDGE BENGALURU RURAL AT BENGALURU BY ALLOWING THE IS BAIL PETITION.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER Accused No.7 in SC No.153 of 2026 pending before the Court of VIII Additional District and Sessions Judge, Bengaluru Rural at Bengaluru, arising out of Crime No.185 of 2025 registered by Nelamangala Police Station, Bengaluru District for the offences punishable under Section 61(1)(2), 103(1), 238, 140(1) read with Section 190 of BNS, 2023, 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.139 of 2025 was registered by Kunigal Police Station, Tumakuru for the offences punishable under Section 103(1) and 238 of BNS, 2023

against unknown persons, based on the first information dated 26.03.2025 received from Krishnamurthy R., who had found the dead body of an unknown person, behind Sree Ranganatha Swamy Temple premises within the jurisdiction of Kunigal Police Station, Tumakuru.

¶4During the course of investigation, some of the accused persons were arrested. Subsequently, for want of jurisdiction, FIR in Crime No.139 to 2025 was transferred to Nelamangala Rural Police Station and registered in Crime No.185 of 2025 on 11.05.2026 against Firoz Khan and others. After completing investigation, the charge sheet is filed against 13 persons and the petitioner is arrayed as accused No.7 in the charge sheet. Subsequently, he was arrested on 05.03.2026 and remanded to judicial custody. His bail application filed before the Trial Court in SC No.153 of 2026 was rejected on 13.07.2026. Therefore, he is before this Court.

¶5A reading of the charge sheet material would reveal that CW-11 - Seema had approached Nelamangala Rural Police Station on 14.03.2025 and submitted a missing complaint alleging that her husband Azaruddin was abducted by Salman Pasha (accused no.2) and Saleem (accused no.8) from her house at about 1.30 a.m. on

13.03.2025. Thereafter, Saleem had called her over his mobile phone and informed that her husband was with them and she spoke to her husband who had informed her that he would be returning home after half an hour. Subsequently, the mobile phone of her husband was switched off and he had not returned home. It is under these circumstances, on 14.03.2025, missing complaint was registered in Crime No.106/2025.

¶6Subsequently, the dead body of an unknown male was found within the jurisdiction of Kunigal Police Station and FIR in Crime No.139/2025 was registered. During the course of investigation of the said case, accused Nos.8 to 11 were arrested on 28.03.2025 and

based on their confession statement, accused Nos.1 to 3 were arrested. Subsequently, FIR in Crime No.139/2025 was transferred to Nelamangala Rural Police Station for want of jurisdiction and registered in Crime No.185/2025.

¶7In the charge sheet which was subsequently filed in Crime No.185/2025, it is alleged that accused No.1 had ill-will against the deceased for the reason that he had cheated him during the course of his business. Therefore, accused No.1 had conspired with accused Nos.2 to 12 to commit the murder of deceased Azaruddin and in furtherance of such conspiracy, accused Nos.1 to 12 had gone to the house of Azaruddin on the intervening night of

12.03.2025 and 13.03.2025 in two cars. After parking their cars at a distance, accused Nos.2 and 8 had gone to the house of deceased Azaruddin and had forcibly brought him along with them. Thereafter, accused Nos.1 to 12 took Azaruddin along with them in their car to an isolated forest area and had assaulted him and committed his murder.

¶8In the missing complaint submitted by CW-11 - Seema, she has stated that accused Nos.2 & 8 were the persons who had come to her house on the intervening night of 12.03.2025 and 13.03.2025 and abducted her husband Azaruddin. The presence of other accused was not mentioned by CW-11 - Seema. The allegations against the other accused in the charge sheet is now based on their confession statement. It is under these circumstances, the other accused persons except accused nos.2 & 8 have been granted regular bail by this Court in Crl.P.No.12817/2025 & Crl.P.No.7873/2026. It is not in dispute that petitioners have other criminal antecedents. The allegation against the petitioner is similar to the allegations found in the charge sheet as against the other accused persons who have been now granted bail as aforesaid.

¶9Under 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: O R D E R

(i) The Criminal Petition is allowed.

(ii) The petitioner is directed to be enlarged on bail in SC No.153 of 2026 pending before the Court of VIII Additional District and Sessions Judge, Bengaluru Rural at Bengaluru, arising out of Crime No.185 of 2025 registered by Nelamangala Police Station, Bengaluru District for the offences punishable under Section 61(1)(2), 103(1), 238, 140(1) read with Section 190 of BNS, 2023, subject to the following conditions:

a) The 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;

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

KK