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2026 DAILYLAW 25057 (KAR)

SHEIK MAHAMMED SHAHIL @ SHAHIL v. THE STATE

CRL.P/3525/2026 · 2026-06-29

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32054 CRL.P No. 3525 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3525 OF 2026 BETWEEN: 1. SHEIK MAHAMMED SHAHIL @ SHAHIL AGE ABOUT 21 YEARS S/O ABDUL JABBAR R/AT DOOR NO 6-29/1 PADDAI PADAVU HOUSE MOOLOR VILLAGE KANDAVARA, KINNIKAMBLA DAKSHINA KANNADA - 574151 …PETITIONER (BY SRI: DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: 1. THE STATE REPRESENTED BY STATION HOUSE OFFICER BELTHANGADY POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001 …RESPONDENT (BY SRI: R RANGASWAMY, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING THAT TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.87/2025 DATED 13/08/2025 REGISTERED BY BELTHANGADY POLICE STATION, DAKSHINA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32054 CRL.P No. 3525 of 2026 KANNADA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 110, 132, R/W 3(5), 28 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, SECTIONS 5 AND 7 OF THE KARNATAKA PREVENTION OF SLAUGHTER OF CATTLE ACT, 2020, SECTION 11(D) OF THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960, AND SECTIONS 119 AND 177 OF THE MOTOR VEHICLES ACT, 1988, NOW PENDING IN S.C. NO.147/2025 ON THE FILE OF THE HONOURABLE COURT OF 3RD ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MANGALORE. THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Crime No.87 of 2025 registered by Belthangadi Police Station, Dakshina Kannada District, for the offences punishable under Sections 119 and 177 of Motor Vehicles Act, 1988, Sections 115(2), 345(3), 281 110, 132 read with Section 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023, Section 11(D) of Prevention of Cruelty to Animals Act, 1960 and Sections 4, 5 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard learned counsel for the parties. - 3 - HC-KAR NC: 2026:KHC:32054 CRL.P No. 3525 of 2026 3. FIR in Crime No.87 of 2025 was registered by Belthangadi Police Station, Dakshina Kannada District for the aforesaid offences against one Arif and others, based on the first information dated 13.08.2025 received from Sri D Ningappa, Police Officer attached to Belthangadi Police Station, Dakshina Kannada District. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.64 of 2026 before the jurisdictional Sessions Court, which was rejected on 17.02.2026. Therefore, he is before this Court. 4. Perusal of the first information as well as the charge sheet which is now filed in the present case would reveal that, on 13.08.2025, the Police Officer attached to Belthangadi Police Station in Dakshnia Kannada District allegedly tried to intercept the Innova car bearing registration No.KA-04-MF-3329 and the person who was driving the said vehicle allegedly tried to escape and while doing so, he dashed the Innova car as against an autorikshaw. Driver of the Innova car was apprehended at the spot and he is arrayed as accused No.1 in the FIR and accused No.3 in the charge sheet. Petitioner and another, allegedly were also inmates of the said vehicle and according to - 4 - HC-KAR NC: 2026:KHC:32054 CRL.P No. 3525 of 2026 the prosecution, they had managed to escape from the spot after pushing the police, who tried to apprehend them. 5. It is not in dispute that petitioner has no other criminal antecedants. The cattle which was being illegally transported in the vehicle, as well as the vehicle are seized in the present case under the recovery mahazar. Accused No.3, who was the driver of the vehicle, has been granted regular bail. Petitioner is aged 21 years. Undisputedly, he has no criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that his custodial interrogation is not required in the case at this stage. Therefore, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. 6. Accordingly, the following: ORDER The Criminal 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.87 of 2025 registered by Belthangadi Police Station, Dakshina - 5 - HC-KAR NC: 2026:KHC:32054 CRL.P No. 3525 of 2026 Kannada District, for the offences punishable under Sections 119 and 177 of Motor Vehicles Act, 1988, Sections 110, 132, 115(2), 345(3), 281 read with Section 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023, Section 11(D) of Prevention of Cruelty to Animals Act, 1960 and Sections 4, 5 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, 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 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. - 6 - HC-KAR NC: 2026:KHC:32054 CRL.P No. 3525 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE BGN List No.: 1 Sl No.: 53