[Cites 20, Cited by 0]
Karnataka High Court
Mohammad Safwan Subhan vs The State on 19 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:10132
CRL.P No. 15538 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 15538 OF 2025
(438(Cr.PC) / 482(BNSS))
BETWEEN:
1. MOHAMMAD SAFWAN SUBHAN
S/O SUBHAN KHADER,
AGED ABOUT 24 YEARS,
RESIDING NEAR JAMIYA MASJID,
KAPU POST AND TALUK,
MALLAR,
UDUPI-574 106.
...PETITIONER
(BY SRI. A.N. RADHA KRISHNA.,ADVOCATE)
AND:
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI 1. THE STATE
Location: HIGH
COURT OF
BY PADUBIDRI POLICE,
KARNATAKA REPRESENTED BY STATE
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
...RESPONDENT
(BY SRI.HARISH GANAPATHY, HCGP)
-2-
NC: 2026:KHC:10132
CRL.P No. 15538 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED
U/S 482 BNSS) PETITIONER TO DIRECT THE PADUBIDRI
POLICE TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT
OF HIS ARREST IN CR.NO.89/2025 OF PADUBIDRI P.S.
REGISTERED FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 121(1), 132, 109, 303(2), 112 READ WITH SECTION
3(5) OF BNS AND SECTIONS 4, 5, 12 OF PREVENTION OF COW
SLAUGHTER AND CATTLE ACT 2020 SECTION 11(1)(D) OF
PREVENTION OF CRUELTY TO ANIMALS ACT SECTIONS 66(1),
192(a) OF MV ACT AND SECTION 2 OF KARNATAKA
PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT
REGISTERED ON 05.08.2025 PENDING ON THE FILE OF
PRINICPAL SENIOR CIVIL JUDGE UDUPI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.2 under Section
482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
praying to grant anticipatory bail in Crime No.89/2025 of
Padubidri Police Station registered for the offences
punishable under Sections 121(1), 132, 109, 303(2), 112
read with Section 3(5) of Bharatiya Nayay Sanhita, 2023,
Sections 4, 5, 12 of Karnataka Prevention of Cow
Slaughter and Cattle Act, 2020, Section 11(1)(D) of
Prevention of Cruelty to Animals Act, 1960, Section 66(1),
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192(a) of Motor Vehicles Act and Section 2 of Karnataka
Prevention of Destruction and Loss of Property Act, 1981.
2. Heard the learned counsel for petitioner and the
learned High Court Government Pleader for
respondent/State.
3. The learned counsel for petitioner would
contend that the name of the petitioner has been stated
by the accused No.1, who was caught at the time of the
incident. There are no other materials against the
petitioner. The petitioner is stated to be was in the car at
the time of the incident, and at that time accused No.1
was driving the vehicle. The offences alleged against the
petitioner are not punishable either with death or
imprisonment for life. The petitioner is involved in only one
case i.e. Crime No.78/2024 of Udupi Town Police Station,
and the offence alleged is abduction. The petitioner is
ready to cooperate with the Investigating Officer in
investigation and abide by any terms and conditions to be
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imposed by this Court. With this, he prays to allow the
petition.
4. Per contra, the learned High Court Government
Pleader for respondent/State would contend that in the
incident, three police officials have sustained injuries. The
petitioner is having criminal antecedents. He is involved in
Crime No.78/2024 of Udupi Town Police Station registered
for the offences punishable under Sections 365, 323, 324,
341, 506 IPC and Crime No.53/2020 of Sringeri Police
Station registered for the offence punishable under Section
379 of IPC. The petitioner was present in the car at the
time of the incident. The petitioner and another accused
drove the vehicle, and caused injury to the police officials.
Considering the said aspect, the petitioner is not entitled
for grant of anticipatory bail. With this, he prayed to reject
the petition.
5. Having heard the learned counsel, the Court
has perused the FIR, complaint and other materials placed
on record.
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6. The accused persons while carrying a cattle in
a Fortuner car, when intercepted by police staff - CW1,
with an intent to kill him, accused No.1 ran over the car on
CW1, and in order to escape, he fell down, and the car ran
over on his hand, and he has sustained simple injury.
Thereafter, the car was taken on reverse, and it dashed to
CW9 (PC No.2636), he fell down and sustained injury on
his right shoulder and little finger. Thereafter, the said car
was taken reverse, and it dashed to a patrolling private
vehicle bearing Regn. No.KA-20-AC-6129 and damaged to
the extent of Rs.1,30,000/-, and CW11 who was standing
by its side, has also sustained injury to his left hand. The
patrolling van, due to the impact of dashing the car by the
accused, went behind and dashed to CW-28's car bearing
Regn. No.KA-30-N-0286, and it sustained damage to the
extent of Rs.1,45,000/-. At that time, the police officials
have surrounded accused No.1, and caught him, and at
that time, accused No.3 sat in a driving seat of the car,
and drove it, and dashed to the car of CW29 bearing
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Regn.No.KA-20-MH-8062, which caused damage to the
extent of Rs.40,000/-. Thereafter, he drove the car,
alighted two cattle and three cattle were in the car and
they ran away.
7. Considering the said aspect, the petitioner, who
was in the car, along with other accused have obstructed
the police in discharge of their duty, tried to assault and
attempted to kill them by dashing their car, and caused
injuries to the police officials, and caused damage to the
other vehicles. The petitioner is having criminal
antecedents, and he is involved in Crime No.53/2020 of
Sringeri Police Station registered for the offence
punishable under Section 379 IPC and Crime No.78/2024
of Udupi Town Police Station registered for the offences
punishable under Sections 365, 323, 324, 341, 506 of IPC.
One of the offences alleged against the petitioner under
Section 109 is punishable with imprisonment for life.
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8. Considering the above aspects, the petitioner
has not made out any grounds for grant of discretionary
relief of anticipatory bail.
In the result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
BKM
List No.: 1 Sl No.: 25
