- 1 - HC-KAR NC: 2025:KHC:42319 CRL.P No. 13362 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13362 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MR ABU SIDDIQ MALLIQ S/O. EHIDAR RAHMAN MALLICK AGED ABOUT 30 YEARS PERMANENT ADDRESS SALTHIGHATTA CHANDRAPURA HOWRAH WEST BENGAL PRESENT ADDRESS C/O. AINUDDIN MALLIK No.1/2, D STREET, 10TH CROSS K. P. AGARAHARA BENGALURU – 560 023. …PETITIONER (BY SRI VIVEKANANDA N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHANNAPATNA EAST PS REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 009. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42319 CRL.P No. 13362 of 2025 THIS CRL.P IS FILED UNDER SECTIONS 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO RELEASE THE PETITIONER ON PRE ARREST BAIL IN THE EVENT OF HIS ARREST IN CRIME No.31/2025 OF CHANNAPATNA EAST POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 306 OF BNS PENDING BEFORE I ADDL.CIVIL JUDGE (JR.DN) AND JMFC CHANNAPATNA, RAMANAGARA DISTRICT AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by the sole accused under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant anticipatory bail in crime No. 31/2025 of Channapatna East Police Station registered for offence under Section 306 of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’). 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that the petitioner who was working with the complainant had left the place on 01.06.2025 and as he intimated the - 3 - HC-KAR NC: 2025:KHC:42319 CRL.P No. 13362 of 2025 complainant that he want to open his own shop to do the same business, a false complaint came to be hoisted against the petitioner. Petitioner is ready to cooperate with the Police in the investigation and abide by any terms and conditions to be imposed by this Court. With this, he prays for grant of anticipatory bail. 4. Per contra, learned HCGP would contend that the allegation against the petitioner is committing theft of 100 gms of gold ingot. Petitioner was working under the complainant. He was missing from the workplace and his mobile was switched off. Considering the same presence of the petitioner is required for his custodial interrogation and recovery of theft article. The offence alleged against the petitioner is provided with punishment of imprisonment which may extend upto seven years. With this he prayed to reject the petition. 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:42319 CRL.P No. 13362 of 2025 6. One S.K. Salauddin has filed complaint against the petitioner and on the basis of the same a case came to be registered against the petitioner for offence under Section 306 of BNS. The allegation in the complaint is of committing theft of 100 gms of gold ingot. The petitioner who was working under the complainant was found missing from the workplace and it is alleged that his mobile phone was also switched off. The offence alleged against the petitioner is provided with punishment of imprisonment which may extend upto seven years. Considering the allegations the presence of petitioner is required for custodial interrogation. Considering the above aspects the petitioner is not entitled for grant of discretionary relief of anticipatory bail. 7. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 17 Ct.sm