- 1 - HC-KAR NC: 2025:KHC:26319 CRL.P No. 6009 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6009 OF 2025 BETWEEN: 1. MUSTHAK AHMED, S/O LATE. ABDUL RAHIM SAB, AGED ABOUT 51 YEARS, R/AT. NO.432, SYED WADI, (SYED PATAN WADI) CHANNAPATNA TOWN, RAMANAGAR DISTRICT, …PETITIONER (BY SRI. SRIRAM M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHO OF CHANNAPATNA RURAL P.S. REP. BY S. P. P HIGH COURT OF KARNATAKA BENGALURU-560001 …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P FILED U/S 438 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ORDER AND DIRECT TO THE HONBLE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC, CHANNAPATNA, TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.68/2023, (C.C.NO.1514/2024) REGISTERED FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 397, 411 AND 413 INDIAN PENAL CODE, OF CHANNAPATNA RURAL POLICE STATION, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26319 CRL.P No. 6009 of 2025 PENDING ON THE FILE OF HONBLE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC, CHANNAPATNA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.5 in C.C.No.1514/2024 pending before the Court of Principal Civil Judge (Jr.Dn.) & JMFC Court, Channapatna arising out of Crime No.68/2023 registered by Channapatna Rural Police Station, Ramanagara for offences punishable under Sections 397, 411 and 413 of IPC is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the 'BNSS Act') seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.68/2023 was registered by Channapatna Rural Police Station, Channapatna, for the offence punishable under Section 392 of IPC against three unknown persons, based on the first information dated 07.03.2023 received from K.Deban Raj. Apprehending - 3 - HC-KAR NC: 2025:KHC:26319 CRL.P No. 6009 of 2025 arrest in the said case petitioner had filed Crl.Misc.No.182/2025 before the jurisdictional Sessions Court which was rejected 15.03.2025. Therefore, petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner was arrested in Crime No.74/2023 under similar allegations. In the said case he has been granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.255/2023. Subsequently, he was arrested in Crime No.86/2023 and thereafter produced under body warrant in the present case and though Trial Court had given police custody of the petitioner in this case, subsequently, the Trial Court has remanded the petitioner to judicial custody in the original case. In the present case, since non-bailable warrant has been issued against the petitioner, he apprehends arrest. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:26319 CRL.P No. 6009 of 2025 5. Per contra, learned HCGP opposed the petition. She submits that the petitioner is a habitual offender and, therefore, he is not entitled for the relief sought for. 6. A perusal of material on record would go to show that FIR in the present case was registered against unknown persons initially for offence punishable under Section 392 of IPC. 7. During the course of investigation, some of the accused were arrested and after completing investigation chargesheet has been filed against five persons and petitioner is arrayed as accused No.5 in the chargesheet. Allegation against the petitioner in the chargesheet is that he had received the stolen articles from accused Nos.1 to 4. Petitioner who was arrested on 17.03.2023 in Crime No.74/2023 registered by the very same police station, was granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.255/2023 which was disposed of on 21.04.2023. Material on record would go to show that - 5 - HC-KAR NC: 2025:KHC:26319 CRL.P No. 6009 of 2025 subsequent to release of the petitioner in Crime No.74/2023, he was once again arrested by the very same police in Crime No.86/2023 registered for similar offences and similar allegations are made against the petitioner. While he was in custody in Crime No.86/2023, he was produced under body warrant in the present case before the jurisdictional Magistrate and the learned Magistrate had granted a day's police custody on 19.04.2023 and on 20.04.2023 had rejected the request made by the police to remand the petitioner to judicial custody in Crime No.68/2023. Investigation in the present case is already completed and charesheet has been filed. In the present case, petitioner's custody is not required, more so since chargesheet has been already filed. 8. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC:26319 CRL.P No. 6009 of 2025 ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.68/2023 registered by Channapatna Rural police station for the offences punishable under Sections 397, 411 and 413 IPC subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate - 7 - HC-KAR NC: 2025:KHC:26319 CRL.P No. 6009 of 2025 with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE GSR List No.: 1 Sl No.: 34