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. 12330 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. SRI HARISH S S/O SRINIVASAPPA AGED ABOUT 33 YEARS R/AT UKKARAHALLI VILLAGE KAMASAMUDRA HOBLI BANGARPET TALUK – 563 114.

…PETITIONER (BY SRI LAKSHMIKANTH K, ADVOCATE)

Digitally signed by AND:

PADMASHREE SHEK HAR DESAI

1. STATE BY ANDERSONPET POLICE STATION Location: High KGF Court Of Karnatka REP 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 (FILED UNDER SECTION 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF ARREST BY THE RESPONDENT POLICE WHO IS INVESTIGATING IN CR.No.52/2025 OF RESPONDENT ANDERSONPET POLICE, KGF FOR OFFENCE PUNISHABLE UNDER SECTIONS 305, 331(4) OF BNS 2023, PENDING ON THE FILE OF THE HON’BLE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, KOLAR DISTRICT KGF, BY IMPOSING ANY STRINGENT CONDITION AS DEEM FIT IN THE CIRCUMSTANCE OF THE ABOVE CASE 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

1. This petition is filed by the accused under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant anticipatory bail in crime No. 52/2025 of Andersonpet Police Station registered for offences under Sections 305 and 331(4) of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’).

2. Heard learned counsel for petitioner and learned HCGP for respondent - State.

3. Learned counsel for petitioner would contend that the name of this petitioner has not been stated in the FIR and the complaint. Merely because he has been secured in crime No. 46/2025, he is falsely implicated in the present case. Petitioner was arrested in crime No.

46/2025 and he has been granted bail in that case. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. With this, he prayed to allow the petition.

4. Per contra learned HCGP would contend that there are totally three cases registered against the petitioner for the same offence of committing theft of sheep. The offence alleged against the petitioner is punishable with imprisonment for seven years. Petitioner is involved in three cases. Petitioner is in the habit of committing theft of sheep. Therefore, he is not entitled for grant of anticipatory bail. If the petitioner is granted anticipatory bail, he will repeat similar offence. With this he prayed for rejection of the petition.

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

6. Petitioner is involved in commission of offence of committing theft of sheep. There are three cases registered against the petitioner including the present case. The accusation in all the cases is commission of theft of sheep. Petitioner who has been arrested in crime No. 46/2023 has been granted bail. The offence alleged against the petitioner is punishable with imprisonment for seven years. Petitioner is having criminal antecedents. As the petitioner is involved in commission of the same offence in three cases he is not entitled to discretionary relief of anticipatory bail.

7. In the result, petition is dismissed.

Sd/-

(SHIVASHANKAR AMARANNAVAR)

JUDGE LRS List No.: 1 Sl No.: 1 Ct.sm