- 1 - HC-KAR NC: 2025:KHC:25874 CRL.P No. 9791 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9791 OF 2025 BETWEEN: RASHEED MODDIN S/O K MOHAMMED BYARI AGED ABOUT 46 YEARS R/O TUMARIKODLU ALANDOOR SHIROOR VILLAGE, KUNDAPURA TALUKA - 576 228, PRESENTLY RESIDING AT NEAR DISTRICT PRISON, KARWAR KALABURGI ROAD, OPPOSITE TO POLYTECHNIC COLLEGE KARWAR - 581 301. …PETITIONER (BY SRI P.B. UMESH, ADV., FOR SRI R.B. DESHPANDE, ADV.) AND: THE STATE OF KARNATAKA BY KAPU POLICE STATION KAPU CIRCLE UDUPI DISTRICT - 574106 (REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001) …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE CONCERNED POLICE OF KAPU P.S., UDUPI DISTRICT, TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.256/2017 OF KAPU P.S., UDUPI DISTRICT, CHARGE SHEETED FOR THE OFFENCES P/U/S 323,395,400 OF IPC, PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS COURT, UDUPI IN SC.NO.3/2023 IN THE EVENT OF THE ARREST. 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:25874 CRL.P No. 9791 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in S.C.No.3/2023 pending before the Court of II Addl. District & Sessions Judge, Udupi, arising out of Crime No.256/2017 registered by Kapu Police Station, Udupi District, for the offences punishable under Sections 323, 395, 400 of IPC, is before this Court under Section 438 of Cr.PC seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner after arguing the matter for sometime, submits that since the petitioner was earlier granted regular bail in the present case and the Trial Court has now issued non-bailable warrant against him, petitioner may be permitted to withdraw the petition with liberty to appear before the Trial Court and file necessary application seeking recall of the non-bailable warrant/to release him on bail. He submits that considering the fact that the petitioner was earlier granted regular bail in the present case, the application may be directed to be considered by the Trial Court on the same day. - 3 - HC-KAR NC: 2025:KHC:25874 CRL.P No. 9791 of 2025 4. The aforesaid submissions are placed on record. Petition is dismissed as withdrawn with liberty as prayed for. 5. In the event, petitioner surrenders before the Trial Court and files necessary application seeking recall of the non- bailable warrant/to release him on bail, the said application shall be considered and disposed of on merits by the Trial Court, as expeditiously as possible. Sd/- (S VISHWAJITH SHETTY) JUDGE KK