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2026 DAILYLAW 22286 (KAR)

STATE OF KARNATAKA v. ABDULLA K

CRL.P/7935/2026 · 2026-06-17

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29702 CRL.P No. 7935 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7935 OF 2026 BETWEEN: STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …PETITIONER (BY SMT. RASHMI JADHAV, ADDL. SPP) AND: ABDULLA K AGED ABOUT 40 YEARS S/O K MOHAMMED R/A KALLADKA, DELAMPADY POST DELAMPADY, KASARGOD, KERALA. …RESPONDENT THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO CANCEL THE ORDER DATED 29.12.2025 PASSED IN CRIMINAL MISCELLANEOUS CASE NO.5224/2025 ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, D.K.MANGALURU REGISTERED FOR THE OFFENCES P/U/S 482 OF BNSS 2023 AND CANSEL THE SAID ORDER OF BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This criminal petition under Section 483(3) of BNSS, 2023, is filed by the State with a prayer to cancel the anticipatory bail granted to respondent herein by the Court of V Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29702 CRL.P No. 7935 of 2026 Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru, sitting at Puttur in Crl.Misc.No.5224/2025 disposed off on 29.12.2025. 2. Heard the learned counsel for the petitioner - State. 3. FIR in Crime No.115/2025 was registered by Puttur Rural Police Station, for the offences punishable under Sections 132, 109, 303(2) read with Section 3(5) of BNS, 2023 and Sections 4, 5, 6 and 12 of the Karnataka Prevention of Cow Slaughter and of Cattle Prevention Act, 2020, on the allegation that on 21.10.2025 at about 11.00 p.m. while the police officers were on duty, they received credible information that cattles were being illegally transported in lorry bearing Reg.No.KA21/C9888 from Jalsoor side towards Kerala via Ishwaramangala and when the police tried to intercept the said vehicle, the accused tried to escape and he attempted to attacked the police officials and therefore, first informant had fired a bullet from his service pistol on the left leg of the accused and as a result, accused had suffered injuries in the said incident and was admitted in Wenlock Hospital, Mangaluru. Apprehending arrest in the case, accused, who is the respondent herein had filed - 3 - HC-KAR NC: 2026:KHC:29702 CRL.P No. 7935 of 2026 Crl.Misc.No.5224/2025 before the jurisdictional Sessions Court, which was allowed on 29.12.2025. Assailing the said order, the State is before this Court. 4. Learned counsel for the petitioner/State submits that respondent is a person with criminal antecedents. Considering the allegations made against him, the learned Sessions Judge was not justified in granting anticipatory bail to the accused. She, however, fairly submits that respondent has co-operated with the police for the purpose of investigation and he has not violated any of the bail conditions. 5. Perusal of the material on record would go to show that based on credible information received that cattles were being illegally transported from Jalsoor in Sullia Taluk to Kerala, police had intercepted lorry in which cattle were allegedly illegally being transported. Respondent, who was driving the said lorry allegedly tried to escape and he dashed his vehicle against the jeep and when he attempted to run away, first informant had fired bullet from his service pistol and as a result, respondent had suffered grievous injuries on his left leg. Respondent was therefore, admitted in the Wenlock Hospital at - 4 - HC-KAR NC: 2026:KHC:29702 CRL.P No. 7935 of 2026 Mangaluru, for a considerable period of time. Therefore, he was very much available for the purpose of interrogation. The only other case registered against the accused was in Crime No.33/2025 by Bellare Police Station, Sullia Taluk, with similar allegations and in the said case, he was granted anticipatory bail. It is not the case of the prosecution that respondent has violated any of the bail conditions either in the earlier case or in the present case. Learned Additional SPP has fairly submitted that respondent has co-operated with the police for the purpose of investigation in the present case and he has not violated any of the bail conditions. 6. According to the accused, the vehicle belong to one Jalaludhin and the same was entrusted by the said Jalaludhin and on his instructions, he was transporting the cattle, which Jalaludhin had legally purchased. Considering the same, learned Sessions Judge has granted anticipatory bail to the respondent/accused. Though FIR has been registered in the present case on 21.10.2025 itself, in spite of the respondent cooperating with the police, till date, charge sheet is not filed. In the alleged incident that had taken place on 21.10.2025, - 5 - HC-KAR NC: 2026:KHC:29702 CRL.P No. 7935 of 2026 undisputedly, none of the police officers have suffered any injuries. On the other hand, it is the respondent, who suffered grievous injuries on his left leg as a result of firing of bullet from service pistol of the first informant. Under the circumstances, I am of the opinion that petitioner/State has not made out a case for cancellation of anticipatory bail granted to the respondent/accused. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 26