- 1 - HC-KAR NC: 2025:KHC:33664 CRL.P No. 8683 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8683 OF 2025 BETWEEN: SRI ASHRAF @ ASHRAF ALI S/O MAIMOONA, AGEED ABOUT 26 YEARS, R/O KOTA HOUSE, ADKA MANGALPADY POST - 671324, KASARAGOD DISTRICT, KERALA …PETITIONER (BY SRI. HARISH N.R.,ADVOCATE) AND: THE STATE OF KARNATAKA BY BAJPE POLICE STATION, THROUGH POLICE INSPECTOR, MANGALURU, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560001 …RESPONDENT (BY SRI. RANGASWAMY. R., HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE SUB INSPECTOR OF POLICE, BAJPE RURAL POLICE STATION, D.K., MANGALURU TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN RESPECT OF CRIME NO.95/2024 FOR THE OFFENCE P/US/ 457 AND 380 OF IPC PENDING ON THE FILE OF THE LEARNED I ADDL. CIVIL JUDGE (Sr.Dn.) AND CJM COURT MANGALURU BY ALLOWING THIS PETITION. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33664 CRL.P No. 8683 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 482 of the BNSS, 2023, praying to release the petitioner on anticipatory bail in Crime No.95/2024 of Bajpe Police Station, Mangaluru City, registered for the offence punishable under Section 457, 380 of IPC. 2. In the complaint lodged by one Sunil Dsouza, it is alleged that unknown persons have committed theft in his house between 17.05.2024 and 18.05.2024 and taken away 2 gold bangles, 1 gold chain and a camera (Canon Company), all worth Rs.2,00,000/-. 3. In the course of investigation, accused by name Modammed Arfaz, @ Arfa was arrested on 05.02.2025. He allegedly confessed that theft was committed by him along with other accused persons, including the petitioner. A camera was recovered from the said accused. - 3 - HC-KAR NC: 2025:KHC:33664 CRL.P No. 8683 of 2025 4. The learned counsel for petitioner would contend that only on the basis of the confession statement of the co-accused, petitioner has been arraigned as an accused in the present case. He contended that except the said statement of the co-accused, there is absolutely no material against the petitioner. 5. Learned High Court Government Pleader, on the other hand contended that the petitioner is involved in 6 cases of similar nature and he hails from the State of Kerala and therefore, if he is granted anticipatory bail, he may not co-operate with further investigation of the case, as certain recoveries are to be made. He has therefore, sought to dismiss the petition. 6. As per the report of Police Inspector, Bajpe Police Station, Mangaluru City, in all 6 cases have been registered against the petitioner, out of which 5 cases are pending. All those cases are registered for similar offences. - 4 - HC-KAR NC: 2025:KHC:33664 CRL.P No. 8683 of 2025 7. It is submitted by the learned HCGP that the gold ornaments which was stolen from the house of complainant, has been sold by the petitioner and the same has to be recovered. 8. Considering that petitioner is involved in similar cases and recovery has to be effected, petitioner is not entitled for anticipatory bail. 9. If the petitioner files any application for regular bail, the same shall be considered and disposed of as expeditiously as possible, since it is submitted by the learned counsel for petitioner that other accused are already enlarged on bail. 10. With the above observation, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 23