- 1 - HC-KAR NC: 2026:KHC:24758 CRL.P No. 7156 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 7156 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SIRAJUDDEEN P S/O USMAN BYARI, AGED ABOUT 31 YEARS. R/AT 1/100, PALIKE HOUSE PUTHILA VILLAGE AND POST, BELTHANGADY TALUK, KARNATAKA - 574 326 (AS PER AADHAR CARD). …PETITIONER (BY SRI. MAHAMMED MUSTHAFA.,ADVOCATE) AND: STATE BY UPPINANGADY POLICE REP BY SPP HIGH COURT CAMPUS, BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA H.M., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THIS BAIL APPLICATION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THE ARREST IN CONNECTION WITH CR NO.27/2026 OF RESPONDENT UPPINANGADY POLICE STATION PENDING ON THE FILE OF THE HONBLE PRL.CIVIL JUDGE AND JMFC COURT BELTHANGADY DAKSHINA KANNADA DISTRICT FOR THE Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24758 CRL.P No. 7156 of 2026 ALLEGED OFFENCES P/U/S 4 AND 12 OF KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE PREVENTION ACT 2020 AND OFFENCES P/U/S 3(5) OF BNS 2023 WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.3 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who is accused No.3 in Crime No.27/2026 for the offence punishable under Sections 4 and 12 of the Karnataka Prevention of Cow Slaughter and Cattle Prevention Act 2020 and offence punishable under Section 3(5) of BNS Act, 2023 is before this Court seeking grant of anticipatory bail. 2. Case of the prosecution is that on 26.02.2026 while Police Sub-Inspector of Uppinagandy Police Station was on patrol duty at 7:30 p.m. received information about illegal slaughter of cows at a house in Hosavaklu, Barya village, Belthangady Taluk, and he and his staff went to the spot with departmental jeep at about 8:20 p.m. On hearing the jeep sound two persons ran away from the shed owned by one Abdul Rahiman and on search they found package containing of meat worth of Rs.11,200/- and other materials including an - 3 - HC-KAR NC: 2026:KHC:24758 CRL.P No. 7156 of 2026 auto total worth of Rs.1,50,000/- which were seized. Accordingly, the case was registered in Crime No.27/2026. 3. Learned counsel for the petitioner submits accused Nos.1 and 2 have already been granted anticipatory bail by the trial Court. However, the case of the petitioner was not considered solely on the ground of pendency of another case against the petitioner. 4. He relies upon the judgment of the Hon'ble Apex Court in the case of VISHNU ETC VS. STATE OF KERALA AND ANOTHER reported in 2025 LiveLaw (SC) 929. Para 23 of the said judgment reads as under; "23. Our attention was also invited to the status report "led by the State, to indicate the various criminal antecedents of the appellants. Suffice it to say, however, that such antecedents by themselves cannot constitute a ground for denial of bail. In this context, a useful reference may be made to the decision of a coordinate Bench of this Court in Ayub Khan vs. State of Rajasthan of which one of us (Augustine George Masih, J) was a member. The relevant paragraph therefrom is extracted below: 10. The presence of the antecedents of the accused is only one of the several considerations for deciding the prayer for bail made by him. In a given case, if the accused makes out a strong prima facie case, depending upon the fact situation and period of incarceration, the presence of antecedents may not be a ground to deny bail. There may be a case where a Court can grant bail only on the grounds of long incarceration. The presence of antecedents may not be relevant in such a case. In a given case, - 4 - HC-KAR NC: 2026:KHC:24758 CRL.P No. 7156 of 2026 the Court may grant default bail. Again, the antecedents of the accused are irrelevant in such a case. Thus, depending upon the peculiar facts, the Court can grant bail notwithstanding the existence of the antecedents…….." 5. He submits that mere antecedent itself cannot constitute a ground for rejection of the bail. He submits in the instant case though there is a case pending, the same is pending trial. Hence, seeks for grant of anticipatory bail. 6. Learned HCGP opposes the petition on the ground of petitioner is a habitual offender. If he is granted bail, will not be available for investigation. However, does not dispute grant of anticipatory bail to accused Nos.1 and 2. 7. Heard. Perused the records. 8. The allegation made in the complaint and registration of FIR would make out a case of petitioner apprehending his imminent arrest for the offences punishable under Section referred to therein. 9. The circumstance of earlier case pending trial, in the circumstances and in the light of judgment of the Apex Court in the case of VISHNU ETC (supra) cannot be a ground - 5 - HC-KAR NC: 2026:KHC:24758 CRL.P No. 7156 of 2026 for declining grant of anticipatory bail. Except there is no other ground for rejection of bail is made out. 10. Since accused Nos.1 and 2 having already been granted bail, this Court do not find any reason to decline to grant bail as prayed for. 11. Accordingly, the following; ORDER i. Petition is allowed. ii. The respondent - Police are directed to release the accused No.3 -petitioner in the event of his arrest in Crime No.27/2026 registered by Uppinangady Police Station, Uppinangady Circle for the offence punishable under Sections 4 and 12 of the Karnataka Prevention of Cow Slaughter & Cattle Prevention Act, 2020 read with Section 3(5) of BNS Act, 2023 subject to the following conditions: (a). Petitioner-Accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/- with two local sureties for the likesum to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2026:KHC:24758 CRL.P No. 7156 of 2026 (b). Petitioner-Accused No.3 shall appear before the Investigation Officer within 10 days from the date of receipt of certified copy of this order and shall continue to appear every day for next 15 days. (c). Petitioner-accused No.3 shall not tamper with the prosecution witness and he shall co- operate with the police for investigation and appear before them whenever called upon till filing of final report. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 102