- 1 - HC-KAR NC: 2025:KHC:54002 CRL.P No. 14446 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14446 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MAHAMAD SHAFI S/O MAHAMAD NASEER AGED ABOUT 49 YEARS BHERYA VILLAGE, MIRLE HOBLI SALIGRAMA TALUK HASSAN KARNATAKA - 571 601. ALSO R/AT K R PETE TALLUKU AKKI HEBBALU ROAD HOSAHOLALU TALUK MANDYA – 571 426. …PETITIONER (BY SRI SHAHIDA KHANAM J, ADVOCATE FOR SRI MASKOOR HASHMI M D, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HALLYMYSORE P S REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54002 CRL.P No. 14446 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE ACCUSED No.1/PETITIONER HEREIN ON REGULAR BAIL IN SC.No.85/2025 (ARISING OUT OF CRIME No.25/2025) REGISTERED BY RESPONDENT POLICE I.E., HALLIMYSORE P.S., FOR THE OFFENCE PUNISHABLE UNDER SECTIONS SEC.311, 111 OF THE BNS, 2023 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE AT HASSAN. 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.1 under Section 483 of BNSS praying to grant bail in S.C.No.85/2025 (arising out of Crime No.25/2025 of Hallymysore Police Station) registered for offences punishable under Sections 311 and 111 of BNS, pending on the file of II Additional District and Sessions Judge Hassan. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that in complaint the complainant stated that 6 to 7 persons were standing in front of his house when he opened the - 3 - HC-KAR NC: 2025:KHC:54002 CRL.P No. 14446 of 2025 door. But in his further statement he has stated that there were only 5 persons. The allegation against this petitioner is only attempt to commit robbery during night hours. There is no any robbery in the house of CW1. The petitioner is a butcher and as he is involved in commission of offences under Prevention of Cruelty to Animals Act, a false case has been filed against this petitioner. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 28.01.2025. The petitioner is having health issues. With these, she prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that the petitioner is having criminal antecedents and is involved in 20 cases. CW.1 to CW.7 are eyewitness to the incident. The charge sheet material show prima-facie case against the petitioner for the offences alleged against him. If the petitioner is granted bail, there are chances of he committing similar offence. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:54002 CRL.P No. 14446 of 2025 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. In the complaint, the complainant stated that on hearing the barking sound of the dog, he opened the door and found 6 to 7 persons standing in front of his house. In the further statement, he has stated that there were only 5 persons who attempted to commit robbery in his house. The petitioner and accused Nos.2 and 3 were caught at the time of commission of the offence and they were produced before the police. The offence alleged against the petitioner is only attempt to commit robbery. There is no commission of any robbery or dacoity by the petitioner. The cases in which the petitioner is involved is offences under Prevention of Cruelty to Animals Act. The petitioner is in judicial custody in 28.01.2025 and as the charge sheet is filed, he is not required for custodial interrogation. It is submitted that the petitioner is having health issues. - 5 - HC-KAR NC: 2025:KHC:54002 CRL.P No. 14446 of 2025 7. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is granted bail in S.C.No.85/2025 (arising out of Crime No.25/2025 of Hallymysore Police Station), pending on the file of II Additional District and Sessions Judge, Hassan, subject to following conditions: 1. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the trial Court. 2. The petitioner shall not tamper the prosecution witnesses either directly or indirectly. 3. The petitioner shall attend the trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case. - 6 - HC-KAR NC: 2025:KHC:54002 CRL.P No. 14446 of 2025 4. The petitioner shall not involve in commission of any offence. If the petitioner is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 19 Ct.sm