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2026 DAILYLAW 30536 (KAR)

SHAHUL HAMEED v. STATE OF KARNATAKA

CRL.P/9359/2026 · 2026-07-24

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010437372026 NC: 2026:KHC:38433 CRL.P No. 9359 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9359 OF 2026 BETWEEN: SHAHUL HAMEED S/O ABOOBAKKER AGED ABOUT 57 YEARS R/AT NO1-20, A.J. MANZIL GUNDUKALLU HOUSE, MOODUMARNADU PADUMARNADU, MANGALORE TALUK D.K DISTRICT - 574 213. …PETITIONER (BY SRI MOHAMMAD IBRAHIM ARSHAD M.P, ADV.) AND: STATE OF KARNATAKA BY MOODABIDRE POLICE STATION REP. BY SPP, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT PROTECTION OF ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF THEIR ARREST BASING UPON THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT IN CRIME NO.61/2026 OF MOODABIDRE POLICE STATION, MANGALURU, FOR THE OFFENCE P/U/S 303(2), 111 OF BNS ACT AND SECTION 4, 5, 12 OF KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE PREVENTION ACT, 2020 AND SECTION 11(1)(D) OF PREVENTION OF CRUELTY ANIMALS ACT, 1960, ON PENDING ON THE FILE OF VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010437372026 NC: 2026:KHC:38433 CRL.P No. 9359 of 2026 ORAL ORDER 1. Accused No.3 in Crime No.61/2026 registered by Moodabidre Police Station, Mangaluru, for the offences punishable under Sections 303(2) and 111 of BNS, 2023, Section 11(1)(D) of the Prevention of Cruelty to Animals Act, 1960 and Sections 4, 5 and 12 of the Karnataka Prevention of Cow Slaughter and Cattle Prevention Act, 2020, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.61/2026 was registered by Moodabidre Police Station, Mangaluru, for the aforesaid offences against Mahammed Areef and two others, based on the first information dated 14.05.2026, received from Krishnappa, police officer attached to Moodabidre Police Station. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.480/2026 before the jurisdictional Sessions Court which was dismissed on 16.06.2026. Therefore, he is before this Court. 4. In the first information dated 14.05.2026 submitted the by Police Officer attached to Moodabidre Police Station, it is stated that on the said date, at about 07.00 a.m., a credible information was received about illegal transportation of cow in a breeza car from - 3 - HC-KAR CNR: KAHC010437372026 NC: 2026:KHC:38433 CRL.P No. 9359 of 2026 Belwai towards Marnadu Aliyuru. Based on such information, the police attached to Moodabidre police station had intercepted Breeza Car bearing registration No.KA19MK4265 at about 07.30 a.m. on 14.05.2026. But the driver, without stopping the car, drove the same. The police allegedly chased the car and the driver abruptly parked the said car outside the house of petitioner herein and tried to escape. The police who came there apprehended accused Nos.1 and 2 and subsequently, FIR was registered against three persons. 5. Allegation in the FIR against the petitioner is that accused Nos.1 and 2 intended to sell the calf found in the car to the petitioner. Undisputedly, accused No.3/petitioner has no other criminal antecedents. He has undertaken to co-operate with the police for the purpose of investigation. Accused Nos.1 and 2, who are arrested in the present case, are still in custody. Considering the nature of allegations found against the petitioner/accused No.3, who has no other criminal antecedents, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 6. The 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.61/2026 registered by Moodabidre Police Station, Mangaluru, for the offences punishable - 4 - HC-KAR CNR: KAHC010437372026 NC: 2026:KHC:38433 CRL.P No. 9359 of 2026 under Sections 303(2) and 111 of BNS, 2023, Section 11(1)(D) of the Prevention of Cruelty to Animals Act, 1960 and Sections 4, 5 and 12 of the Karnataka Prevention of Cow Slaughter and Cattle Prevention 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/- 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 witnesses 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 DN List No.: 1 Sl No.: 0