- 1 - HC-KAR NC: 2025:KHC:20235 CRL.P No. 7613 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7613 OF 2025 BETWEEN: SRI JEPHSON ANTONY D'SOUZA S/O CYPRIAN D SOUZA AGED ABOUT 32 YEARS R/AT DOOR NO. 4-27/42 KRISHNA NAGAR, MARAKADA KUNJATHBAIL, BONDEL MANGALURU - 575 015. …PETITIONER (BY SRI MAHESHKIRAN SHETTY S, ADV.) AND: THE STATE OF KARNATAKA BY KAVOOR POLICE STATION MANGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR OFFICE OF THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING AMBEDKAR VEEDHI BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CR.NO.36/2025 REGISTERED ON 09.03.2025 BY THE KAVOOR POLICE STATION, MANGALURU PENDING BEFORE THE III J.M.F.C COURT MANGALURU, FOR THE OFFENCES P/US 314, 316(2), 318(4) OF THE BNS 2023. 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:20235 CRL.P No. 7613 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in Crime No.36/2025 registered by Kavoor Police Station, Mangaluru City, for the offences punishable under Sections 314, 316(2), 318(4) of 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.36/2025 was registered by Kavoor Police Station, Mangaluru City, for the aforesaid offences against one Cannon Samson Lobo and the petitioner herein based on the first information dated 08.03.2025 received from Venezia Sandriya Yashwant Yadav. Apprehending arrest in the case, petitioner herein had filed Crl. Misc. No.289/2025 before the jurisdictional Sessions Court, which was rejected on 11.04.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that first informant owns an industrial unit by name Vecan Food Processing Company in Mangaluru. Since the first informant is residing with her family members in Mumbai, her relative - 3 - HC-KAR NC: 2025:KHC:20235 CRL.P No. 7613 of 2025 accused no.1 - Cannon Sanson Lobo was looking after the industry of the first informant. It is alleged in the first information that without the permission and knowledge of the first informant, accused no.1 has allegedly stolen certain machineries from the factory premises and when attempts were made to contact accused no.1, he was not responding to the phone call of the first informant. It is further alleged that accused no.1 and the petitioner herein who was working as Supervisor in the industry of the first informant had the keys of the industry and it is only after the keys are received by the first informant, she would be able to exactly state particulars of the machineries of which theft has been committed. 5. Except the aforesaid allegation, there is no allegation as against accused no.2 in the first information. The allegation of committing theft of machineries is as against accused no.1 who is said to have been arrested in the present case. Petitioner who has no criminal antecedents has undertaken to cooperate with the police for the purpose of investigation. The alleged offences are triable by the court of Magistrate and the maximum punishment for the said offences is imprisonment for - 4 - HC-KAR NC: 2025:KHC:20235 CRL.P No. 7613 of 2025 a period of seven years. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 6. 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.36/2025 registered by Kavoor Police Station, Mangaluru City, for the offences punishable under Sections 314, 316(2), 318(4) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, 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. 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 - 5 - HC-KAR NC: 2025:KHC:20235 CRL.P No. 7613 of 2025 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 KK