[Cites 4, Cited by 0]

Karnataka High Court

Abdul Sabeer vs State By Mudigere Police on 10 February, 2026

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                              NC: 2026:KHC:7794
                                                        CRL.P No. 17638 of 2025
                                                    C/W CRL.P No. 16915 of 2025

                      HC-KAR




                        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)
Digitally signed by
LAKSHMINARAYANA       AND:
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA             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
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                                        NC: 2026:KHC:7794
                                  CRL.P No. 17638 of 2025
                              C/W CRL.P No. 16915 of 2025

HC-KAR




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-
                                            NC: 2026:KHC:7794
                                   CRL.P No. 17638 of 2025
                               C/W CRL.P No. 16915 of 2025

HC-KAR




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 -

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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

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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

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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

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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.

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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