Karnataka High Court
Hameed @ Baithargudde Abdul Hameer vs The State Of Karnataka on 2 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:23747
CRL.P No. 6951 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 6951 OF 2025 (438(Cr.PC) / 482(BNSS)
BETWEEN:
1. HAMEED @ BAITHARGUDDE ABDUL HAMEER
S/O LATE HYDROSE HAJI,
AGED ABOUT 65 YEARS,
R/AT DOOR NO. 15-12-640/35,
ASHOK MANOR APARTMENT. NO 101,
SHIVABAGH, KADRI,
MANGALURU - 575 002.
(VIDE ORDER DATED: 03.06.2025
PETITION IS DISMISSED AS NOT PRESSED)
2. WILLIAM GREGORY CELESTINE VAS,
S/O, LATE, P.JOACHIM P VAS,
AGED ABOUT 69 YEARS,
R/AT ROSE VILLAGE, PENSION MOHALLA,
CHIKMAGALUR,
PRESENTLY R/AT DOOR NO. 15-12-640/35,
Digitally signed
by CHANDANA ASHOK MANOR APARTMENT NO. 101,
BM SHIVABAGH, KADRI,
Location: High
Court of MANGALURU -575 002.
Karnataka
3. PARASHURAM @ PARASHURAM NAKKARAGUNDI
S/O, RAMANNA,
AGED ABOUT 33 YEARS,
R/AT, CHIKKASHELLIKERI, KALAGI POST,
BAGALKOT DISTRICT,
ASHOK MANOR APARTMENT NO. 101,
KADRI, SHIVABAGH, KADRI
MANGALURU - 575 002.
...PETITIONERS
(BY SRI. PRATHEEP.K.C.,ADVOCATE)
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NC: 2025:KHC:23747
CRL.P No. 6951 of 2025
HC-KAR
AND:
1. THE STATE OF KARNATAKA
REP. BY MANGALURU EAST POLICE
DAKSHINA KANNADA DISTRICT
REP. BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
2. SRI. K.B. ASHOK RAI
S/O LATE VITTAL RAI
AGED ABOUT 70 YEARS
R/O ASHOK FORTUNE
# 3/1, 80, 1ST MAIN, JAKKASANDRA
KORAMANGALA
BENGALURU - 560 034.
(AMENDED VIDE ORDER DATED: 20.05.2025)
...RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1
SMT. HALEEMA AMEEN, ADV. FOR
SRI. ASHOK KUMAR SHETTY.K, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO
ALLOW THIS PETITION AND GRANT ANTICIPATORY BAIL IN THE EVENT
OF THEIR ARREST IN CR.NO.49/2025 BY MANGALORE EAST POLICE,
FOR THE OFFENCES P/U/S 189(2),331(1),324(5),305(a),190 OF BNS,
PENDING ON THE FILE OF 2nd ADDL. SENIOR CIVIL JUDGE AND CJM,
MANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
This petition is filed by the petitioners 2 and 3 under Section 438 of Cr.P.C. seeking anticipatory bail in respect of an FIR in Crime No.49/2025 dated 30.03.2025 registered by the 1st -3- NC: 2025:KHC:23747 CRL.P No. 6951 of 2025 HC-KAR respondent - police, for offences punishable under Sections 189(2), 331(1), 324(5), 305(a) and 190 of BNS, 2023.
2. During the pendency of the present petition, learned counsel for the filed a memo for withdrawal of the petition in respect of petitioner No.1, which was permitted vide order dated 03.06.2025 and the present petition is restricted only to petitioners 2 and 3.
3. It is the case of prosecution that on 28.03.2025 at about 10 a.m., the complainant received an information that his flat bearing Nos.501 to 503 situated at Ashoka Manor Apartments, Shivabagh Kadri, Mangalore, were damaged and the accused persons stolen away the furnitures, TV sets, Geyers etc., thereby causing huge loss to the complainant, who filed the instant complaint dated 30.03.2025 which is registered as an FIR in Crime No.49/2025 by the 1st respondent - Police against the petitioners - accused persons and 12 other persons.
4. Heard learned counsel for the petitioners and learned Addl.SPP for the 1st respondent - State as well as learned counsel for 2nd respondent and perused the material on record. -4-
NC: 2025:KHC:23747 CRL.P No. 6951 of 2025 HC-KAR
5. A perusal of the material on record will indicate that the offences alleged are neither punishable with death nor imprisonment for life and in the light of the principles laid down by the Apex court in the case of Susheela Agarwal vs. State (NCT of Delhi) & Anr. - (2020) 5 SCC 1, coupled with the fact that the interest of the respondents can be adequately safeguarded by imposing certain conditions upon the petitioners including permitting the 1st respondent - Police to conduct custodial interrogation of the petitioners for 3 consecutive days. Under these circumstances, I am of the view that the petition deserves to be allowed and petitioners 2 and 3 are entitled to be granted anticipatory bail, by imposing certain conditions.
6. Accordingly, petition is allowed and anticipatory bail is granted to petitioners 2 and 3, subject to the following conditions:-
(i) Petitioners 2 and 3 shall be released on anticipatory bail in the event of their arrest in Crime No.49/2025 registered by the 1st respondent -
police, on each of them executing a personal bond for a sum of Rs.50,000/- with one surety each for the likesum to the satisfaction of the arresting police officer.
-5- NC: 2025:KHC:23747 CRL.P No. 6951 of 2025 HC-KAR (ii) They shall surrender before the
jurisdictional police station within a period of fifteen days from the date of receipt of a copy of this order, and immediately thereafter, the respondent - Police shall release the petitioner 2 and 3 forthwith.
(iii) The Investigating officer of the 1st respondent - Police station are permitted to carryout the custodial interrogation of the petitioners 2 and 3 after their release between 10 a.m. and 5 p.m. on any three consecutive days subsequently after their release as stated supra.
(iii) They shall not give threat to the prosecution witnesses in any manner.
(iv) They shall not involve himself in any criminal activities.
(v) They shall co-operate with the
investigation.
Violation of any of the above conditions by petitioners 2 and 3, liberty is reserved in favour of the prosecution to seek cancellation of bail.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE Srl.