- 1 - HC-KAR NC: 2025:KHC:23747 CRL.P No. 6951 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6951 OF 2025 (438(Cr.PC) / 482(BNSS) BETWEEN: 1. HAMEED @ BAITHARGUDDE ABDUL HAMEER S/O LATE HYDROSE HAJI, AGED ABOUT 65 YEARS, R/AT DOOR NO. 15-12-640/35, ASHOK MANOR APARTMENT. NO 101, SHIVABAGH, KADRI, MANGALURU – 575 002. (VIDE ORDER DATED: 03.06.2025 PETITION IS DISMISSED AS NOT PRESSED) 2. WILLIAM GREGORY CELESTINE VAS, S/O, LATE, P.JOACHIM P VAS, AGED ABOUT 69 YEARS, R/AT ROSE VILLAGE, PENSION MOHALLA, CHIKMAGALUR, PRESENTLY R/AT DOOR NO. 15-12-640/35, ASHOK MANOR APARTMENT NO. 101, SHIVABAGH, KADRI, MANGALURU -575 002. 3. PARASHURAM @ PARASHURAM NAKKARAGUNDI S/O, RAMANNA, AGED ABOUT 33 YEARS, R/AT, CHIKKASHELLIKERI, KALAGI POST, BAGALKOT DISTRICT, ASHOK MANOR APARTMENT NO. 101, KADRI, SHIVABAGH, KADRI MANGALURU – 575 002. …PETITIONERS (BY SRI. PRATHEEP.K.C.,ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23747 CRL.P No. 6951 of 2025 AND: 1. THE STATE OF KARNATAKA REP. BY MANGALURU EAST POLICE DAKSHINA KANNADA DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. 2. SRI. K.B. ASHOK RAI S/O LATE VITTAL RAI AGED ABOUT 70 YEARS R/O ASHOK FORTUNE # 3/1, 80, 1ST MAIN, JAKKASANDRA KORAMANGALA BENGALURU – 560 034. (AMENDED VIDE ORDER DATED: 20.05.2025) …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1 SMT. HALEEMA AMEEN, ADV. FOR SRI. ASHOK KUMAR SHETTY.K, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.49/2025 BY MANGALORE EAST POLICE, FOR THE OFFENCES P/U/S 189(2),331(1),324(5),305(a),190 OF BNS, PENDING ON THE FILE OF 2nd ADDL. SENIOR CIVIL JUDGE AND CJM, MANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is filed by the petitioners 2 and 3 under Section 438 of Cr.P.C. seeking anticipatory bail in respect of an FIR in Crime No.49/2025 dated 30.03.2025 registered by the 1st - 3 - HC-KAR NC: 2025:KHC:23747 CRL.P No. 6951 of 2025 respondent - police, for offences punishable under Sections 189(2), 331(1), 324(5), 305(a) and 190 of BNS, 2023. 2. During the pendency of the present petition, learned counsel for the filed a memo for withdrawal of the petition in respect of petitioner No.1, which was permitted vide order dated 03.06.2025 and the present petition is restricted only to petitioners 2 and 3. 3. It is the case of prosecution that on 28.03.2025 at about 10 a.m., the complainant received an information that his flat bearing Nos.501 to 503 situated at Ashoka Manor Apartments, Shivabagh Kadri, Mangalore, were damaged and the accused persons stolen away the furnitures, TV sets, Geyers etc., thereby causing huge loss to the complainant, who filed the instant complaint dated 30.03.2025 which is registered as an FIR in Crime No.49/2025 by the 1st respondent – Police against the petitioners – accused persons and 12 other persons. 4. Heard learned counsel for the petitioners and learned Addl.SPP for the 1st respondent - State as well as learned counsel for 2nd respondent and perused the material on record. - 4 - HC-KAR NC: 2025:KHC:23747 CRL.P No. 6951 of 2025 5. A perusal of the material on record will indicate that the offences alleged are neither punishable with death nor imprisonment for life and in the light of the principles laid down by the Apex court in the case of Susheela Agarwal vs. State (NCT of Delhi) & Anr. – (2020) 5 SCC 1, coupled with the fact that the interest of the respondents can be adequately safeguarded by imposing certain conditions upon the petitioners including permitting the 1st respondent – Police to conduct custodial interrogation of the petitioners for 3 consecutive days. Under these circumstances, I am of the view that the petition deserves to be allowed and petitioners 2 and 3 are entitled to be granted anticipatory bail, by imposing certain conditions. 6. Accordingly, petition is allowed and anticipatory bail is granted to petitioners 2 and 3, subject to the following conditions:- (i) Petitioners 2 and 3 shall be released on anticipatory bail in the event of their arrest in Crime No.49/2025 registered by the 1st respondent - police, on each of them executing a personal bond for a sum of Rs.50,000/- with one surety each for the likesum to the satisfaction of the arresting police officer. - 5 - HC-KAR NC: 2025:KHC:23747 CRL.P No. 6951 of 2025 (ii) They shall surrender before the jurisdictional police station within a period of fifteen days from the date of receipt of a copy of this order, and immediately thereafter, the respondent – Police shall release the petitioner 2 and 3 forthwith. (iii) The Investigating officer of the 1st respondent – Police station are permitted to carryout the custodial interrogation of the petitioners 2 and 3 after their release between 10 a.m. and 5 p.m. on any three consecutive days subsequently after their release as stated supra. (iii) They shall not give threat to the prosecution witnesses in any manner. (iv) They shall not involve himself in any criminal activities. (v) They shall co-operate with the investigation. Violation of any of the above conditions by petitioners 2 and 3, liberty is reserved in favour of the prosecution to seek cancellation of bail. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.