- 1 - HC-KAR NC: 2025:KHC:19264 CRL.P No. 4791 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4791 OF 2025 BETWEEN: SAYED HASHIM AGED ABOUT 30 YEARS SON OF SAYED MEHABOOB RESIDING AT NO.2/116 KOODMAKKI, SHIROORU VILLAGE AND POST, BYNDOOR TALUK UDUPI DISTRICT - 576 214. …PETITIONER (BY SRI VACHAN G.A, ADV.) AND: THE STATE OF KARNATAKA BYNDOOR POLICE STATION UDUPI DISTRICT, REPRESENTED BY HCGP HIGH COURT OF KARNATAKA - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE RESPONDENT POLICE NOT TO ARREST THE PETITIONER IN RESPECT OF CRIME NO.22/2025 OF BYNDOOR POLICE STATION UDUPI DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTION 303(2) OF BNSS 2023 AND SECTION 4, 7, 12 OF THE KARNATAKA PREVENTION OF SLAUGHTER AND PREVENTION OF CATTLE ORDINANCE 2020, PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT, BAINDURU, UDUPI DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19264 CRL.P No. 4791 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioner, who is apprehending arrest in crime No.22/2025 registered by Byndoor Police Station, Udupi, for the offences punishable under Section 303(2) of BNS, 2023, Sections 4, 7 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance 2020, 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.22/2025 was registered by Byndoor Police Station, Udupi, for the aforesaid offences against unknown persons based on the first information dated 24.01.2025 received from Sayinatha S/o Govinda. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.555/2025 before the jurisdictional Sessions Court which was rejected on 27.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that based on the alleged statement made by one Devappa Poojary and Ashoka, during the course of investigation in the present case, petitioner is apprehending arrest and his apprehension is fortified by the objections filed by the prosecution before the jurisdictional Sessions - 3 - HC-KAR NC: 2025:KHC:19264 CRL.P No. 4791 of 2025 Court opposing his bail application. Except the statement of the aforesaid two witnesses, there is absolutely no material to connect the petitioner to the crime. He is ready and willing to co-operate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP submits that petitioner is a person with criminal antecedents. However, he does not dispute that except the statement of the aforesaid witnesses, there is no other material to connect the petitioner to the crime. 6. In the first information which was submitted on 24.01.2025, it is stated that first informant is a driver and when was proceeding towards Shiroor, he found the head of a cow on Chobur road. He suspected that the cow was stolen and slaughtered by certain persons and it is in this background, he had approached the police and based on the first information submitted by him, FIR was registered against unknown persons for the aforesaid offences. It appears that during the course of investigation of the case, Investigation Officer has recorded the statement of Devappa Poojary and Ashoka who allegedly have stated that they have seen the petitioner roaming around on the road in which the head of the cow was found. Undisputedly, except the aforesaid statement made by aforesaid witnesses, there is no other material to connect the - 4 - HC-KAR NC: 2025:KHC:19264 CRL.P No. 4791 of 2025 petitioner to the alleged crime. It is not in dispute that in the earlier criminal case which was registered against him, petitioner has been enlarged on bail. He has undertaken to co-operate with the police for the purpose of investigation in the present case. The alleged offences are not punishable with death or life imprisonment. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in crime No.22/2025 registered by Byndoor Police Station, Udupi, for the offences punishable under Section 303(2) of BNS, 2023, Sections 4, 7 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance 2020, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. - 5 - HC-KAR NC: 2025:KHC:19264 CRL.P No. 4791 of 2025 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN