- 1 - NC: 2025:KHC:14604 CRL.P No. 4057 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4057 OF 2025 BETWEEN: ABDUL KALAM A.K. @ KALAAM S/O. A.B. KUNHAMU AGED ABOUT 50 YEARS R/AT A.B.K. HOUSE AMMANGOD POVVAL MULIYAR POST VILLAGE KASARAGOD DISTRICT - 671 542. …PETITIONER (BY SRI KUSHALAPPA B.M, ADV.) AND: THE STATE BY MULKI POLICE STATION MANGALURU - 575 006 REPTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT PRE-ARREST PROTECTION BY WAY OF ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER FORTHWITH ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.95/2024, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, MOODABIDRI, FOR THE OFFENCE P/U/S 3,5,25 OF ARMS ACT, U/S 12(1)(B),12(1)(d) OF PASSPORTS ACT, U/S 3(5) OF BNS, 2023. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14604 CRL.P No. 4057 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in Crime No.95/2024 registered by Mulki Police Station, Mangaluru City, for the offences punishable under Sections 3, 5 and 25 of the Arms Act, 1959, Sections 12(1)(B) and 12(1)(d) of the Passports Act, 1967 and Section 3(5) of the BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.95/2024 was registered by Mulki Police Station, Mangaluru City, for the aforesaid offences against Hussainabba and others. Petitioner is arraigned as accused No.3 in the FIR. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.12/2025 before the jurisdictional Sessions Court which was rejected on 21.01.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:14604 CRL.P No. 4057 of 2025 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that accused No.4, who was arrested in the present case has been granted regular bail. Petitioner is ready and willing to cooperate with the police for the purpose of investigation. He has no other criminal antecedents. The alleged offences are neither punishable with death or life imprisonment. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has seriously opposed the prayer made in the petition. He submits that considering the seriousness of the allegations, custodial interrogation of the petitioner is required and it is also necessary to verify the involvement of other accused persons in the alleged crime. Petitioner is from Kerala State. The material collected till date would go to show that there is a racket behind the alleged crime. Accordingly, he prays to dismiss the petition. 6. A perusal of the material on record would go to show that FIR in Crime No.2/2023 was registered by Mulki Police Station, Mangaluru City, for the offences punishable under Sections 120B, 457, 380, 411 read with Section 34 of IPC and during the - 4 - NC: 2025:KHC:14604 CRL.P No. 4057 of 2025 course of investigation of the said case, first informant in the present case, who is the Investigation Officer in Crime No.2/2023 apprehended accused No.1 Hussainabba and accused No.2 Zuber in the said case and from their possession, mobile phones, passports, pistol, live bullets etc were seized. On verification, it was found that passports of aforesaid accused were fake and accused No.1 had traveled abroad using the said passport. During the course of interrogation of accused Nos.1 and 2, namely, Hussainabba and Zuber, they revealed that petitioner herein and accused No.4 Moideen Kunhi, based on fraudulent documents had managed to create fake passports in their names. Considering the said aspect of the matter, as rightly contended by learned HCGP, petitioner's custodial interrogation would be necessary to verify as to how many people he has issued such fake passports and whether based on such fake passports, illegal immigrants have entered our country. In the order passed by the learned Sessions Judge rejecting petitioner's bail application, it is observed that petitioner was convicted in the year 2014 in a case of printing counterfeit notes. Considering the antecedents of the petitioner and nature of allegations found against him in the present case, - 5 - NC: 2025:KHC:14604 CRL.P No. 4057 of 2025 I am of the opinion that the prayer made by him for grant of anticipatory bail cannot be granted. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN