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2025 DAILYLAW 68507 (KAR)

MUNEER KADMAN ABBOBAKKAR v. THE STATE OF KARNATAKA

CRL.P/15050/2025 · 2025-12-03

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50327 CRL.P No. 15050 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15050 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. MUNEER KADMAN ABBOBAKKAR S/O. MR. ABOOBAKKAR, AGED 53 YEARS, RESIDING AT FLAT NO.A 2602, NORTHERN SKY CITY TOWER A, UJJODI, PUMPWELL, MANGALURU, D.K. - 575 002. …PETITIONER (BY SRI. SIJI MALAYIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANGALORE EAST POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. DIRECTOR GENERAL OF POLICE, CID, SPECIAL UNITS AND ECONOMIC OFFENCES, BENGALURU - 560 001. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ORDER FOR THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50327 CRL.P No. 15050 of 2025 RELEASE OF THE PETITIONER ON BAIL IN CRIME No.0131/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 316(2), 316(5), 318(2), 318(3) READ WITH 3(5) OF BNS, 2023, REGISTERED BY MANGALORE EAST POLICE STATION, NOW PENDING IN THE FILE OF VI JMFC, MANGALORE CITY, DAKSHIN KANNADA DISTRICT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.5 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023, praying to grant bail in Crime No.131/2025 of Mangaluru East Police Station, registered for offences punishable under Sections 316(2), 316(5), 318(2), 318(3) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondents. - 3 - HC-KAR NC: 2025:KHC:50327 CRL.P No. 15050 of 2025 3. Learned counsel for petitioner would contend that, a sum of Rs.14,00,000/- has been transferred by accused No.2 to the account of this petitioner. There was financial transaction between the petitioner and accused No.2 and in that regard, the said amount has been transferred. The petitioner has been arrested and he has been taken to Police custody for two (2) days and has been interrogated. Therefore, the petitioner is not required for further custodial interrogation. The petitioner is ready to cooperate for further investigation and abide by any conditions to be imposed by this Court. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondents would contend that, the investigation is in progress. The matter is handed over to CID. The petitioner is having a major role in the commission of the offence. The petitioner is also involved in another case. If the petitioner is granted bail, he will hamper the investigation and tamper the prosecution - 4 - HC-KAR NC: 2025:KHC:50327 CRL.P No. 15050 of 2025 witnesses. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. Accused No.2 being a proprietor of accused No.1 company has applied for loan and his loan application is processed and Rs.1,30,00,000/- has been sanctioned. Out of the said loan amount, Rs.14,00,000/- is said to have been transferred to the account of this petitioner. What was the reason for transfer of the said amount to the account of the petitioner is a matter of investigation. The petitioner has been taken to Police custody for two (2) days and has been interrogated. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to cooperate for further investigation. - 5 - HC-KAR NC: 2025:KHC:50327 CRL.P No. 15050 of 2025 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in Crime No.131/2025 of Mangaluru East Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. - 6 - HC-KAR NC: 2025:KHC:50327 CRL.P No. 15050 of 2025 iv) The petitioner shall appear before the Investigating Officer whenever called for further investigation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 4