- 1 - HC-KAR NC: 2026:KHC:6414 CRL.P No. 12926 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12926 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: HAMEED @ BAITHARGUDDE ABDUL HAMEER S/O LATE HYDROSE HAJI AGED ABOUT 65 YEARS R/AT DOOR NO.15-12-640/35 ASHOK MANOR APARTMENT NO.101, SHIVABAGH, KADRI MANGALURU-575 002 …PETITIONER (BY SRI. PRATHEEP K.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY MANGALURU EAST POLICE DAKSHINA KANNADA DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01 2. K.B. ASHOK RAI S/O LATE VITAL RAI AGED ABOUT 70 YEARS R/AT ASHOK FORTUNE NO.3/1 1ST MAIN, JAKKASANDRA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6414 CRL.P No. 12926 of 2025 KORAMANGALA MANGALURU CITY-575 002 …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1; SMT. HALEEMA AMEEN, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (FILED UNDER SECTION 482 OF BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.49/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 189(2), 331(1), 324(5), 305(a), 190 OF BNS, 2023, BY MANGALORE EAST POLICE AND PENDING ON THE FILE OF 2ND ADDL. SENIOR CIVIL JUDGE AND CJM, MANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Learned counsel for the petitioner files a memo seeking withdrawal of the petition. The memo reads thus: 1. The petitioner has filed above petition seeking for anticipatory bail in Cr.No.49/2025 registered before the respondent police. It is further submitted that, initially petitioner approached this court seeking for anticipatory bail in Crl.Pet.6951/2025 however said petition was withdrawn on the account of grant of stay of further investigation in Crl.Pet.No.7268/2025 dated 27.05.25 by this - 3 - HC-KAR NC: 2026:KHC:6414 CRL.P No. 12926 of 2025 court. The de-facto complainant had challenged the order of stay in Crl.Pet.7268/2025 before the Hon’ble apex court in SLP (Crl) No.12852/2025 and Hon’ble apex court vide order dated 01.09.2025 stayed the order of stay granted by this court. In that circumstances the petitioner was constrained to approach this court in the above petition seeking for anticipatory bail and this court vide order dated 22.09.25 granted interim anticipatory bail subject to certain conditions. 2. It is submitted that, the Hon’ble apex court vide final order dated 17.11.2025 dismissed the special leave petitions No.12852/2025, 12498/2025, 14916/2025 preferred by the de- facto complainant. In view of dismissal of special leave petitions the order of stay granted by this court dated 27.05.25 continuous to operate in favour of petitioner herein. Therefore, in view of the above circumstance, the petitioner has no apprehension of arrest as of now. Therefore petitioner may be permitted to withdraw the above petition with liberty to approach this - 4 - HC-KAR NC: 2026:KHC:6414 CRL.P No. 12926 of 2025 court for seeking anticipatory bail in the event stay granted by this court in Crl.Pet.7268/2025 is vacated or if the petition is dismissed on merit. The memo may be taken on record in the interest of justice and equity. In view of the memo, the petition is dismissed as withdrawn with a liberty as prayed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 6