- 1 - HC-KAR CNR: KAHC010402452026 NC: 2026:KHC:37737 CRL.P No. 8437 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8437 OF 2026 BETWEEN: SUBHASH S/O LATE GANGADHARA AGED ABOUT 58 YEARS OCC: BUSINESS, R/O 7-1-82, SULTHANA BATTERY ROAD NEAR SULTHAN BATTERY BOLOOR, KODIAL BAIL, MANGALURU - 577 001. …PETITIONER (BY SRI. RAVINDRA B. DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY BARKE POLICE STATION MANGALORE CITY - 577 001 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001) …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.39/2026 OF BARKE POLICE STATION, MANGALURU CITY IN THE EVENT OF HIS ARREST Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010402452026 NC: 2026:KHC:37737 CRL.P No. 8437 of 2026 (REGISTERED FOR THE OFFENCES P/U/S 324(5), 329(3) BNS 2023 (CORRESPONDING PROVISIONS : SECTION 427, 447 IPC) AND SECTION 2(A), 2(B) OF KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT 1981 (SHORTLY KPDLP ACT) NOW ON THE FILE OF 6TH JMFC COURT, MANGALURU CITY) WITH SUCH CONDITIONS WHICH THIS HONBLE HIGH COURT DEEMS FIT TO BE IMPOSED IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner, who is apprehending arrest in Crime No.39/2026 registered by Barke Police Station, Mangaluru, Dakshina Kannada District, for the offences punishable under Sections 324(5) and 329(3) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 2(A) and 2(B) of the Karnataka Prevention of Destruction and Loss of Property Act, 1981, is before this Court in this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. - 3 - HC-KAR CNR: KAHC010402452026 NC: 2026:KHC:37737 CRL.P No. 8437 of 2026 2. Heard the learned counsel appearing for the parties. 3. FIR in crime No.39/2026 was registered by Barke Police Station for the aforesaid offences against the driver of the vehicle bearing registration number KA-21B-4596 and another based on the first information dated 10.04.2026 received from Jayaraj, Commissioner, City Planning Officer, Mangaluru City Corporation, Dakshina Kannada District. Apprehending arrest in the said case, the petitioner had filed Crl.Mis.No.463/2026, which was dismissed by the jurisdictional Sessions Court on 06.06.2026. Therefore, he is before this Court. 4. Perusal of the first information dated 10.04.2026 submitted by the Town Planning Officer of Mangalore City Corporation would reveal that, for the period from 02.04.2026 to 07.04.2026, mud was unauthorisedly transported in the vehicle bearing registration number KA-21/B-4596 from the property belonging to the corporation situated adjacent to the corporation at Sulthan Battery within the jurisdiction of Mangaluru City Corporation, situated adjacent to Mogaveera - 4 - HC-KAR CNR: KAHC010402452026 NC: 2026:KHC:37737 CRL.P No. 8437 of 2026 Mahasabha. The petitioner is said to be the president of Mogaveera Mahasabha. There is no allegation in the first information about any act committed by the petitioner or the aforesaid Mogaveera Mahasabha. The petitioner has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, the following: ORDER (i) The criminal petition is allowed. (ii) 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.39/2026 registered by Barke Police Station, Mangaluru, Dakshina Kannada District for the offences punishable under Sections 324(5) and 329(3) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 2(A) and 2(B) of the Karnataka Prevention of Distruction and Loss of Property Act, 1981, subject to the following conditions: a) The Petitioner shall appear before the jurisdictional court within 15 days from the date of receipt of the copy of this order and shall execute a personal bond before the concerned Court, for a - 5 - HC-KAR CNR: KAHC010402452026 NC: 2026:KHC:37737 CRL.P No. 8437 of 2026 sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the court. b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) Petitioner shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE HDK List No.: 1 Sl No.: 50