IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13723 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. B. MOHAMMAD SHAREEF S/O HUSENABBA AGED ABOUT 38 YEARS R/AT HOUSE No.102 FAMOUS APARTMENT NEAR HOSAMARIGUDI KAPU TALUK UDUPI - 574 106.

…PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE)

Digitally signed by LAKSHMINARAYANA MURTHY RAJAS HRI AND:

Location: HIGH 1. THE STATE COURT OF BY BAINDURU POLICE KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001.

…RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S

482 BNSS) PRAYING TO DIRECT THE BAINDURU POLICE TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.No.128/2025 OF BAINDURU P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 303(2) OF BNS, UNDER SECTION 4,5,7,12 OF PREVENTION OF COW SLAUGHTER AND CATTLE ACT, UNDER SECTION 11(1)(D) OF PREVENTION TO ANIMALS ACT, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, BAINDURU AND ETC., 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.4 under Section

482 of BNS praying to grant anticipatory bail in Crime No.128/2025 of Byndoor Police Station registered for offences under Section 303(2) of BNS, Section 4, 5, 7, 12 of Prevention of Cow Slaughter and Cattle Act and Section

11(1)(D) of Prevention of Cruelty to Animals Act.

2. Heard learned Counsel for petitioner and learned HCGP for respondent/State.

3. Learned Counsel for petitioner would contend that only on the basis of a CCTV footage seen by the first informant, a first information has been filed. In the said CCTV footage, three persons are stated to have stolen the cattle and transported them in a Eco-sports car. The name of the petitioner has not been stated in the FIR and the complaint. The complainant is not the victim. Accused No.1 has already been granted bail by the trial Court. The petitioner is ready to co-operate with the police in investigation. The petitioner has been granted bail in the cases registered against him. With these he prayed to allow the petition.

4. Per contra, learned HCGP would contend that there is a theft of cattle and it is being transported in an eco-sports car. The said aspect has been recorded in the CCTV footage of the garage. Accused No.1 has been arrested. The petitioner is required for custodial interrogation. The petitioner is involved in 11 criminal cases. The petitioner is having criminal antecedents. If the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses and commit similar offence. With this, he prayed for rejection of the petition.

5. Having heard the counsel, the Court has perused FIR, complaint and other materials placed on record.

6. On the complaint of one Maniraj, a case has been registered against three unknown persons in Byndoor Police Station in Crime No.128/2025 for aforesaid offences. The commission of the theft has been recorded in the CCTV footage of the garage. Based on the same, accused No.1 has been arrested. It is stated by learned HCGP that there is involvement of this petitioner in the commission of the offences alleged. The petitioner is required for custodial interrogation. The petitioner is involved in 11 criminal cases. The petitioner is having criminal antecedents. If the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses. The petitioner has not made out any grounds for grant of anticipatory bail. In the result, the petition is dismissed.

Sd/-

(SHIVASHANKAR AMARANNAVAR)

JUDGE DKB List No.: 1 Sl No.: 25 Ct.sm