Mohammad Safwan Subhan Vs the State

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.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.2 under Section

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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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HC-KAR

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192(a) of Motor Vehicles Act and Section 2 of Karnataka Prevention of Destruction and Loss of Property Act, 1981.

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Heard the learned counsel for petitioner and the learned High Court Government Pleader for

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respondent/State.

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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

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ready to cooperate with the Investigating Officer in investigation and abide by any terms and conditions to be

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NC: 2026:KHC:10132 CRL.P No. 15538 of 2025

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HC-KAR

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imposed by this Court. With this, he prays to allow the petition.

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Per contra, the learned High Court Government

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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.

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

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HC-KAR

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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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HC-KAR

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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.

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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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