MR. SIYABUDDIN ABDULLA MULARAPATNA @ SHIYAB v. STATE OF KARNATAKA
CRL.P/2638/2026 · 2026-06-11
S Vishwajith Shetty
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20984 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20984 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:28081 CRL.P No. 2626 of 2026 C/W CRL.P No. 2638 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2626 OF 2026 C/W CRIMINAL PETITION NO. 2638 OF 2026
IN CRL.P No. 2626/2026 BETWEEN:
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MR. SIYABUDDEEN ABDULLA MULARAPATNA @ SHIYAB S/O M. ABDULLA, AGED ABOUT 38 YEARS, R/AT D. NO. 4-104, AZADNAGAR HOUSE, MULARAPATNA, ARALA, DAKSHINA KANNADA - 574 211 … PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA., ADVOCATE) AND:
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STATE OF KARNATAKA THROUGH BAJPE POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560 001 … RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:28081 CRL.P No. 2626 of 2026 C/W CRL.P No. 2638 of 2026
THIS CRL.P IS FILED U/S 482 BNSS, 2023, PRAYING TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO. 237/2025 OF BAJPE POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 303(2) OF BNSS, 2023 AND SECTION 4, 5, 12 OF KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE PREVENTION ACT, 2020 PENDING ON THE FILE OF THE HON'BLE JMFC (VI COURT) MANGALURU, DAKSHINA KANNADA.
IN CRL.P NO. 2638/2026 BETWEEN:
1.
MR. SIYABUDDIN ABDULLA MULARAPATNA @ SHIYAB S/O M. ABDULLA, AGED ABOUT 38 YEARS, R/AT D. NO. 4-104, AZADNAGAR HOUSE, MULARAPATNA, ARALA, DAKSHINA KANNADA - 574 211 ... PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA., ADVOCATE) AND:
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STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR THROUGH BAJPE POLICE STATION, HIGH COURT BUILDING, BENGALURU-560 001 ... RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 482 BNSS, 2023, PRAYING TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO. 243/2025 OF BAJPE POLICE STATION FOR THE OFFENCES PUNISHABLE
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HC-KAR NC: 2026:KHC:28081 CRL.P No. 2626 of 2026 C/W CRL.P No. 2638 of 2026
U/S 336(3), 340(2), 318(4) R/W SECTION 3(5) OF BNSS, 2023 PENDING ON THE FILE OF THE HON'BLE I ADDL.
CIVIL JUDGE (SR. DN.) AND CJM, MANGALURU
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Petitioner who is apprehending arrest in Crime No. 237/2025 and Crime No. 243/2025 registered by Bajpe Police Station, Mangaluru City, Dakshina Kannada, is before this Court in these two petitions seeking anticipatory bail.
2. Since the two cases are interconnected, they are heard together and disposed of by this common order.
3. FIR in Crime No. 237/2025 was registered by Bajpe Police Station, Mangaluru, for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) and Sections 4, 5 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act,
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HC-KAR NC: 2026:KHC:28081 CRL.P No. 2626 of 2026 C/W CRL.P No. 2638 of 2026
2020, against one Abdul Sathar based on the first information dated 27.12.2025 received from Sri. Ashok, Police Officer attached to Bajpe Police Station. Apprehending arrest in the said case, petitioner who is arraigned as accused No.3 in the remand application of accused No.1 had approached the jurisdictional Sessions Court in Crl. Misc. No. 15/2026 which was rejected on
24.01.2026. Therefore, he is before this Court in Crl.P.No.2626/2026.
4. Subsequently, FIR in Crime No. 243/2025 was registered by the very same Police Station, for the offences punishable under Sections 336(3), 340(2), 318(4) read with Section 3(5) of BNS, 2023 against the petitioner and 2 others based on the first information dated 30.12.2025 received from Kumareshan, police officer attached to said Police Station. Petitioner who is arraigned as accused No.1 in Crime No. 243/2025 apprehending arrest in the said case had filed Crl. Misc. No. 34/2026 before the jurisdictional Sessions Court which
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was rejected on 31.01.2026. Therefore, he is before this Court in Crl.P.No. 2638/2026.
5. Heard the learned counsel for the petitioner and the learned Additional SPP for the respondent/State.
6.
Learned counsel for the petitioner having reiterated the grounds urged in the petitions submits that petitioner has no criminal antecedents and he has got a licenced shop for sale of beef. The averments found in the two cases make it very clear that petitioner has been falsely implicated in the present case. He is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petitions.
7. Per contra, learned Additional SPP has opposed the bail petitions. She submits that accused Nos. 1 and 2 have confessed in Crime No. 237/2025 that they had purchased beef from the petitioner herein. She submits that during the course of investigation, accused No. 1 in Crime No. 237/2025 had produced a fake bill for having
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purchased beef from petitioner's shop. The petitioner in
order to help accused Nos. 1 and 2 in Crime No. 237/2025 had provided fake bill though they had not purchased beef from petitioner's shop. Accordingly, she prays to dismiss the petition.
8. According to the prosecution, on 27.12.2025, they had recovered 19.100 kgs. of beef from a parked scooter bearing registration No. KA-19-HA-4653 which belonged to accused No. 1 - Abdul Sathar. It is under these circumstances FIR in Crime No.237/2025 was registered for the aforesaid offences against Abdul Sathar. During the course of investigation, accused Nos. 1 and 2 were arrested in Crime No. 237/2025 and they allegedly had confessed that the beef which was recovered from the scooter was purchased by them from the shop of petitioner herein. It is under these circumstances petitioner was arraigned as accused No.3 in Crime No. 237/2025.
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9. It is the further case of the prosecution that during the course of investigation in Crime No.237/2025, accused Nos. 1 and 2 had produced a bill for having purchased the beef from the shop of the petitioner bearing License No. A3/106. According to the prosecution, though accused Nos. 1 and 2 had not purchased the beef from the shop of the petitioner, in order to help them, the petitioner had provided them the fake bill.
10. The allegations now made in the two cases run contradictory to each other. Undisputedly, petitioner has no other criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. The alleged offences are not punishable with death or life imprisonment. Accused Nos. 1 and 2 who were arrested in the present case have been granted regular bail.
11. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail in the aforementioned two criminal cases
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needs to be answered affirmatively. Accordingly, the following:
ORDER The criminal petitions are 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.237/2025 registered by Bajpe Police Station, Mangaluru, for the offences punishable under Section 303(2) of BNS, 2023 and Sections 4, 5 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, and Crime No. 243/2025 registered by the very same Police Station for the offences punishable under Sections 336(3), 340(2), 318(4) read with Section 3(5) of BNS, 2023, 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/- (One lakh only) with two sureties for the
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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 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
VP