- 1 - NC: 2025:KHC:4705 CRL.P No. 825 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.825 OF 2025 BETWEEN: ARIF @ MUNNA, S/O AHAMMED BAVA AGED ABOUT 30 YEARS, R/AT NEAR KALAVARA CHURCH, KALVARA VILLAGE, MANGALURU, DAKSHINA KANNADA - 577 101. …PETITIONER (BY SRI. VIKAS M., ADVOCATE) AND: STATE OF KARNATAKA BY BAJPE POLICE STATION, BY S.P.P. HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CRIMINAL PROCEDURE CODE (UNDER SECTION 482 OF BNSS), PRAYING TO DIRECT THE RESPONDENT TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CONNECTION WITH CRIME NO.167/2020 OF BAJPE POLICE STATION REGISTERED AS CC.NO.114/2022, PENDING ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M., MANGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 380 AND 457 OF INDIAN PENAL CODE ON SUCH Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4705 CRL.P No. 825 of 2025 TERMS AND CONDITIONS WHICH THIS HON'BLE COURT MIGHT DEEM FIT AND OR GRANT SUCH OTHER RELIEF OR FURTHER RELIEF AS THIS HON'BLE COURT MIGHT DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to enlarge him on bail in Crime No.167/2020 of Bajpe Police Station, Mangaluru registered for offences punishable under Section 380 and 457 of Indian Penal Code. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the material on record. 3. Crime No.167/2020 of Bajpe Police Station, Mangaluru was registered against unknown culprits under Section 380 and 457 of Indian Penal Code on the basis of a complaint lodged by Smt. Shashiprabha N., Principal, Niranjana Swamy Polytechnic College, Mangaluru. - 3 - NC: 2025:KHC:4705 CRL.P No. 825 of 2025 4. It is alleged that, a cash of Rs.5,41,000/- which was collected from the students of the college, kept in the steel cupboard was stolen by some unknown persons in between 07.00 pm on 09.12.2020 and 07.00 am on 10.12.2020. 5. Accused No.1 came to be arrested on 21.01.2021 and from his possession, Rs.2,00,000/- was recovered. Charge sheet is filed showing the petitioner as absconding, arraigning him as accused No.2. 6. In the split up case registered against the petitioner in C.C. No.114/2022, Non Bailable Warrant is issued to the petitioner. Hence, he sought for Anticipatory Bail before the Sessions Court, which was rejected vide order dated 18.03.2024. 7. The learned Sessions Judge has observed that the petitioner has criminal antecedents and though pending criminal cases are not impediment for grant of bail, filing of charge sheet in the present case strengthens the case of the prosecution. - 4 - NC: 2025:KHC:4705 CRL.P No. 825 of 2025 8. Learned High Court Government Pleader has contended that there are five cases registered against the petitioner and he is a habitual offender and therefore, he is not entitled for grant of Anticipatory Bail. 9. In the present case, from accused No.1, arrested on 21.01.2021, a cash of Rs.2,00,000/- was recovered. It appears that on his voluntary statement, petitioner is arraigned as accused No.2 while filing charge sheet. Apart from that there is no material at this stage to show the involvement of the petitioner in committing theft. 10. Learned counsel for the petitioner has contended that the petitioner was not at all aware of the registration of the case and filing of charge sheet against him. He submitted that false cases are registered against the petitioner and in all other cases, he is on bail. 11. Petitioner has undertaken to appear before the Trial Court and offer sufficient surety. Hence, he can be directed to appear before the learned Magistrate and to file Regular Bail application. - 5 - NC: 2025:KHC:4705 CRL.P No. 825 of 2025 12. Accordingly, the following: O R D E R Petitioner is directed to appear before the jurisdictional Court on or before 15.02.2025 and file necessary application for recalling the warrant and bail. In that event, the learned Magistrate shall release the petitioner on bail on such terms and conditions, which he deems fit. Petition is accordingly disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE ARK List No.: 1 Sl No.: 31