- 1 - HC-KAR CNR: KAHC010390852026 NC: 2026:KHC:39691 CRL.P No. 8202 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8202 OF 2026 BETWEEN: RASHEEQ KHAN S/O RAZAK KHAN, AGED ABOUT 33 YEARS, NO. 140/1, KEB COLONY, UDAYAGIRI, NEAR CITIZEN CONVENT, MYSURU - 570 019. …PETITIONER (BY SRI. MUZAFFAR AHMED, ADVOCATE) AND: STATE OF KARNATAKA RMC YARD POLICE STATION, DAVANAGERE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THIS PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE WHO IS ARRAYED AS ACCUSED NO. 01 IN CRIME NO. 63/2025 REGISTERED BY THE RESPONDENT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010390852026 NC: 2026:KHC:39691 CRL.P No. 8202 of 2026 RMC YARD POLICE STATION, DAVANAGERE FOR ALLEGED OFFENSES PUNISHABLE UNDER SECTION 303(2) OF THE BHARATIYA NYAYA SANHITA (BNS) 2023 WHICH IS PENDING ON THE FILE OF LEARNED BEFORE III ADDITIONAL CIVIL JUDGE AND JMFC COURT, DAVANAGERE. THIS PETITION, 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.63/2025 registered by RMC Yard Police Station, Davanagere, for offence punishable under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, (herein after referred to as 'BNS, 2023') is before this Court in this petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No. 63/2025 was registered by RMC Yard Police Station, Davangere, for the aforesaid offence against unknown person based on the first information dated - 3 - HC-KAR CNR: KAHC010390852026 NC: 2026:KHC:39691 CRL.P No. 8202 of 2026 14.08.2025, received from Asif, son of Khadar Sab. Apprehending arrest in the said case, petitioner had filed Crl.Mis.No.361/2026 before the jurisdictional Sessions Court at Davanagere, which was rejected on 29.05.2026. Therefore, he is before this Court. 4. Learned counsel appearing for the petitioner submits that petitioner was arrested in Crime No.146/2026 registered by Challakere Police Station, Chitradurga, for similar offence on 20.04.2026 and released on 23.04.2026. Though body warrant was obtained in the present case, in the meantime, the petitioner was released from jail. He further submits that after the petitioner was arrested in Crime No.146/2026, he is arrayed as an accused in Crime No.74/2024 and Crime No.236/2025 and in the said cases, he has been enlarged on bail. He accordingly prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, submits that petitioner is a person with criminal antecedents and accordingly prays to dismiss the petition. - 4 - HC-KAR CNR: KAHC010390852026 NC: 2026:KHC:39691 CRL.P No. 8202 of 2026 6. Petitioner was arrested in Crime No.146/2026 registered by Challakere Police Station, Chitradurga for offence punishable under Section 303(2) of BNS 2023, wherein the allegation made is about theft of a lorry. In the said case, petitioner, who was arrested on 20.04.2026, was enlarged on bail on 23.04.2026. It appears that on 21.04.26 an application was filed in Crime No.63/2025 registered by RMC Yard Police Station, Davanagere, seeking body warrant as against the petitioner, who was arrested in Crime No.146/2026 and though the said application was allowed on 22.04.2026, no communication was made to the concerned court or the jail authorities and therefore the petitioner, who was arrested in Crime No.146/2026, was released from jail after he was granted bail in the said case. 7. Learned counsel for the petitioner submits that after the petitioner was arrested in Crime No.146/2026, he was arrayed as an accused in two other criminal cases of similar nature, namely Crime No.74/2024 registered by RMC Yard Police Station, Davanagere and Crime No.236/2025 registered by Ranebennur Town Police Station, Chitradurga. In Crime - 5 - HC-KAR CNR: KAHC010390852026 NC: 2026:KHC:39691 CRL.P No. 8202 of 2026 No.74/2024, petitioner has been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Mis.No.408/2026 and in Crime No.236/2025, petitioner has been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Mis.No.343/2026. It is not the case of the prosecution that after the petitioner was granted regular bail in Crime No.146/2026, he has not been cooperating with the police for the purpose of investigation. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. ORDER (i) The petition is allowed. (ii) The respondent – Police or any other police in the State of Karnataka are directed to release the petitioner/Accused No.1 in the event of his arrest in Crime No.63/2025 registered by RMC Yard Police Station, Davanagere, for offence punishable under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: - 6 - HC-KAR CNR: KAHC010390852026 NC: 2026:KHC:39691 CRL.P No. 8202 of 2026 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 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.: 38