- 1 - HC-KAR NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17638 OF 2025 (438(Cr.PC) / 482(BNSS)) C/W CRIMINAL PETITION NO. 16915 OF 2025 IN CRL.P No. 17638/2025 BETWEEN: ABDUL SABEER S/O ISMAIL K AGED ABOUT 33 YEARS R/AT NALA HOUSE NYAYATAPARPU POST BELTHANGADY TALUK KARNATAKA-574 217 …PETITIONER (BY SRI. MAHAMMED MUSTHAFA, ADVOCATE) AND: STATE BY MUDIGERE POLICE REP. BY SPP HIGH COURT CAMPUS BANGALORE-560 001 …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (UNDER SECTION 482 OF BNSS) PRAYING TO ALLOW THIS BAIL APPLICATION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CR.NO.184/2025 OF RESPONDENT Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025 MUDIGERE P.S., PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, AT MUDIGERE, CHIKKAMAGALURU DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 331(3),331(4),305 OF BNS, 2023. WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.4. IN CRL.P NO. 16915/2025 BETWEEN: RAMEEZA C/O NADATHOTTU BADRUDDEEN AGED ABOUT 33 YEARS R/AT BAPUNAGARA, HESAGAL VILLAGE HESGAL POST, MUDIGERE SUB DISTRICT CHIKKAMAGALURU DISTRICT KARNATAKA-577 132 ...PETITIONER (BY SRI. MAHAMMED MUSTHAFA, ADVOCATE) AND: STATE BY MUDIGERE POLICE REP. BY SPP HIGH COURT CAMPUS BANGALORE-560 001 ...RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (FILED UNDER SECTION 482 OF BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CR NO.184/2025 OF RESPONDENT MUDIGERE POLICE STATION, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR. DIV) AND JMFC COURT AT MUDIGERE, CHIKKAMAGALURU DISTRICT FOR THE ALLEGED OFFENCES PUNISHABLE - 3 - HC-KAR NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025 UNDER SECTIONS 331(3), 331(4) AND 305 OF BNS, 2023, WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.2. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Crl.P.No.17638/2025 is filed by accused No.4 and Crl.P.No.16915/2025 is filed by accused No.2. Both petitions are filed under Section 482 of BNSS praying to grant anticipatory bail in Crime No.184/2025 of Mudigere Police Station registered for offences under punishable Sections 331(3), 331(4), 305 of BNS. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. 3. Learned counsel for petitioner –accused No.4 would contend that FIR has been registered against unknown persons. The name of petitioner –accused No.4 has not been mentioned in the FIR. The petitioner - - 4 - HC-KAR NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025 accused No.4 arrayed as accused as he is registered owner of Innova Car bearing number KA 03 NB 6563. The petitioner –accused No.4 is relative of accused No.1 and he had given his Innova car to accused No.1 for his personal use. Accused No.3 has been arrested and at her instance, 506 kg of pepper stolen has been recovered. Accused No.3 has been granted bail by the Judicial Magistrate First Class. The Innova belonging to petitioner –accused No.4 has been seized under Mahazar. Offences alleged against the petitioner –accused No.4 are not punishable either with death or imprisonment for life. The petitioner is ready to cooperate with the Investigating Officer in the investigation. There are no criminal antecedents of the petitioner. With these, he prays to allow the petition. 4. Learned counsel for the petitioner –accused No.2 would contend that that petitioner –accused No.2 is the wife of accused No.1. Her name is not mentioned in the FIR as accused. She was pregnant of 07 months as on - 5 - HC-KAR NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025 the date of alleged offence and she gave birth to female child 01 month ago. The petitioner –accused No.2 is under post delivery care and she has to take care of her 01 month baby. With this, he prayed to allow the petition. 5. Per contra, High Court Government Pleader for the respondent –State would contend that total pepper stolen from the godown of the first informant is 1,800 kg. The market value of which is Rs.11,70,000/-. In the CCTV footage, the movement of the Innova vehicle of the petitioner –accused No.4 is seen. Both the petitioners are required for custodial interrogation. With this, she prayed to reject the petition. 6. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 7. On the complaint of one Neelakumar, a case has been registered in Crime No.184/2025 of Mudigere Police Station for aforesaid offences. There was theft of 60 - 6 - HC-KAR NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025 bags of pepper containing 30 kg each have been stolen by unknown persons. The case has been registered against unknown persons. The petitioners apprehended their arrest as their names are mentioned in the remand application of accused No.3. At the instance of accused No.3, 506 kg of pepper has been seized under mahazar which she has sold to one Jabbar. Accused No.3 has been granted bail by the Jurisdictional Court. The car belonging to petitioner -accused No.4 which was parked in front of the house of his wife has been seized under mahazar. The petitioner -accused No.2 is lady, who gave birth to female child one month ago and she is stated to be pregnant of 07 months as on the date of alleged offence. There are no criminal antecedents of petitioners. The offences alleged against petitioners are not punishable either with death or imprisonment for life. The petitioners have undertaken to cooperate with Investigating Officer in the investigation and abide by any terms and conditions to be imposed by this Court. Considering the above aspects, petitioners have - 7 - HC-KAR NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025 made out case for grant of anticipatory bail with conditions. 8. In the result, the following ORDER i) Both the petitions are allowed. ii) Petitioners -accused Nos.2 and 4 are ordered to be released on bail in the event of their arrest in Crime No.184/2025 of Mudigere Police Station registered for offences under punishable Sections 331(3), 331(4), 305 of BNS subject to following conditions: a) Petitioners -accused Nos.2 and 4 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the with the satisfaction of the Investigating Officer. - 8 - HC-KAR NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025 b) Petitioners -accused Nos.2 and 4 shall appear before the Investigating Officer whenever called for and cooperate for investigation. c) Petitioners -accused Nos.2 and 4 shall appear before the Investigating Officer on every Sunday for a period of 01 month between 10 a.m. to 02p.m., or till filing of the final report whichever is earlier. d) Petitioners -accused Nos.2 and 4 shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence. e) In case of filing the charge sheet, Petitioners -accused Nos.2 and 4 have to appear before the trial Court on all dates of hearing uless - 9 - HC-KAR NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025 exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 37