- 1 - HC-KAR NC: 2025:KHC:40861 CRL.P No. 11804 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11804 OF 2025 [438(Cr.PC) / 482(BNSS)] BETWEEN: KHALEEL AHMED HASAN MOINUDDIN SHARIFF S/O HASAN MOINUDDIN SHARIFF, AGED ABOUT 55 YEARS, NO. E-1, MIMS ESPACIO, GKVK LAYOUT, JAKKUR, BANGALORE - 560 056. …PETITIONER (BY SRI. MUZAFFAR AHMED, ADVOCATE) AND: STATE OF KARNATAKA RAJANUKUNTE POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001 …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE WHO IS ARRAYED AS ACCUSED NO.2 IN CRIME NO.36/2025 REGISTERED BY THE RESPONDENT RAJANUKUNTE POLICE STATION FOR ALLEGED OFFENCE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40861 CRL.P No. 11804 of 2025 PUNISHABLE UNDER SECTIONS 316(2) AND 318(4) OF THE BNS, 2023 WHICH IS PENDING ON THE FILE OF II ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL AT BENGALURU BY IMPOSING ANY CONDITIONS TO THE SATISFACTION OF THIS HONBLE COURT. 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.2 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.36/2025 of Rajanakunte Police Station registered for offences punishable under Sections 316(2) and 318(4) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, five cases have been registered against the petitioner - 3 - HC-KAR NC: 2025:KHC:40861 CRL.P No. 11804 of 2025 apart from the present case. Central Crime Branch (CCB) police are investigating the said five cases registered against the petitioner including the present crime registered by Rajanakunte Police Station in Crime No.36/2025. He further submits that, the petitioner has been taken into custody by the CCB police for thirteen days from 21.02.2025 to 05.03.2025 for the purpose of investigation of five criminal cases registered against the petitioner. He also submits that, the petitioner has been granted bail in Crime No.53/2025 of Ramamurthy Nagar Police Station. He further submits that, as the CCB police have taken the petitioner into police custody for investigation, there is no question of custodial interrogation of the petitioner in the present case. The petitioner has resigned from his Directorship on 07.05.2021 and it has not been accepted by the company and in that regard, he has also filed a complaint to the Commissioner of Police, Bengaluru on 21.07.2025. The - 4 - HC-KAR NC: 2025:KHC:40861 CRL.P No. 11804 of 2025 petitioner is ready to cooperate with police in investigation. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor would contend that, the petitioner is involved in six cases registered for the offences under Sections 420 and 406 of Indian Penal Code. The petitioner has cheated several persons. Inspite of issuance of notice, he has not appeared before the Investigating Officer for investigation. If the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsel appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. The remand application filed in Crime No.53/2025 of Ramamurthy Nagar Police Station indicates that, the petitioner has been taken to Police custody between 21.02.2025 to 05.03.2025 by CCB Police for - 5 - HC-KAR NC: 2025:KHC:40861 CRL.P No. 11804 of 2025 investigation of six cases registered against the petitioner. Out of those six cases the present Crime No.36/2025 of Rajanakunte Police Station is also one of the crime registered against the petitioner. As the petitioner is already interrogated in police custody, he is not required for further custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to cooperate with the police in investigation and abide by any terms and conditions to be imposed by this Court. 7. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, I pass the following: ORDER This Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.36/2025 of Rajanakunte Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:40861 CRL.P No. 11804 of 2025 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 likesum to the satisfaction of the Investigating Officer. ii) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety. iii) The petitioner shall cooperate with the Police in investigation and make himself available for interrogation whenever required. iv) The petitioner shall not hamper the investigation and tamper the prosecution witnesses. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 17