Allowed

Abdul Sabeer v. State by Mudigere Police

Karnataka HC10 Feb 2026CRL.P/17638/2025

Case brief

AI extract

What is this about?

Anticipatory bail petitions by accused Nos.2 and 4 in a pepper theft case (1,800 kg stolen). FIR named unknown persons; their names appeared only in the remand application of accused No.3, already granted bail. Offences not punishable with death or life imprisonment and petitioners had no criminal antecedents. Both petitions allowed with conditions including bonds and weekly appearance.

What did the court decide?

Petitioners released on bail in event of arrest on Rs.1,00,000 bond each with surety, subject to cooperation, weekly appearances for one month, and non-tampering conditions.

Abdul Sabeer Vs State by Mudigere Police — Anticipatory Bail | Karnataka HC (2026)

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NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17638 OF 2025 (438(Cr.PC) / 482(BNSS)) C/W CRIMINAL PETITION NO. 16915 OF 2025

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IN CRL.P No. 17638/2025

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BETWEEN:

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ABDUL SABEER S/O ISMAIL K AGED ABOUT 33 YEARS R/AT NALA HOUSE NYAYATAPARPU POST BELTHANGADY TALUK KARNATAKA-574 217

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…PETITIONER

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(BY SRI. MAHAMMED MUSTHAFA, ADVOCATE)

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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AND:

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STATE BY MUDIGERE POLICE REP. BY SPP HIGH COURT CAMPUS BANGALORE-560 001

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…RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (UNDER SECTION 482 OF BNSS) PRAYING TO ALLOW THIS BAIL APPLICATION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CR.NO.184/2025 OF RESPONDENT

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NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025

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HC-KAR

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MUDIGERE P.S., PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, AT MUDIGERE, CHIKKAMAGALURU DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 331(3),331(4),305 OF BNS, 2023. WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.4.

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IN CRL.P NO. 16915/2025

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BETWEEN:

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RAMEEZA C/O NADATHOTTU BADRUDDEEN AGED ABOUT 33 YEARS R/AT BAPUNAGARA, HESAGAL VILLAGE HESGAL POST, MUDIGERE SUB DISTRICT CHIKKAMAGALURU DISTRICT KARNATAKA-577 132

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...PETITIONER

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(BY SRI. MAHAMMED MUSTHAFA, ADVOCATE)

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AND:

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STATE BY MUDIGERE POLICE REP. BY SPP HIGH COURT CAMPUS BANGALORE-560 001

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...RESPONDENT

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(BY SMT. WAHEEDA M.M, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (FILED UNDER SECTION 482 OF BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CR NO.184/2025 OF RESPONDENT MUDIGERE POLICE STATION, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR. DIV) AND JMFC COURT AT MUDIGERE, CHIKKAMAGALURU DISTRICT FOR THE ALLEGED OFFENCES PUNISHABLE

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3 - NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025

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HC-KAR

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UNDER SECTIONS 331(3), 331(4) AND 305 OF BNS, 2023, WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.2.

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THESE PETITIONS, 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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Crl.P.No.17638/2025 is filed by accused No.4 and

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Crl.P.No.16915/2025 is filed by accused No.2. Both petitions are filed under Section 482 of BNSS praying to grant anticipatory bail in Crime No.184/2025 of Mudigere Police Station registered for offences under punishable Sections 331(3), 331(4), 305 of BNS.

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Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State.

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Learned counsel for petitioner –accused No.4 would contend that FIR has been registered against unknown persons. The name of petitioner –accused No.4 has not been mentioned in the FIR. The petitioner -

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4 - NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025

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HC-KAR

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accused No.4 arrayed as accused as he is registered owner

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of Innova Car bearing number KA 03 NB 6563. The petitioner –accused No.4 is relative of accused No.1 and he had given his Innova car to accused No.1 for his personal use. Accused No.3 has been arrested and at her instance, 506 kg of pepper stolen has been recovered. Accused No.3 has been granted bail by the Judicial Magistrate First Class. The Innova belonging to petitioner –accused No.4 has been seized under Mahazar. Offences alleged against the petitioner –accused No.4 are not punishable either with death or imprisonment for life. The petitioner is ready to cooperate with the Investigating Officer in the investigation. There are no criminal antecedents of the petitioner. With these, he prays to allow the petition.

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Learned counsel for the petitioner –accused No.2 would contend that that petitioner –accused No.2 is the wife of accused No.1. Her name is not mentioned in the FIR as accused. She was pregnant of 07 months as on

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5 - NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025

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HC-KAR

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the date of alleged offence and she gave birth to female child 01 month ago. The petitioner –accused No.2 is under post delivery care and she has to take care of her 01 month baby. With this, he prayed to allow the petition.

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Per contra , High Court Government Pleader for the respondent –State would contend that total pepper stolen from the godown of the first informant is 1,800 kg. The market value of which is Rs.11,70,000/-. In the CCTV footage, the movement of the Innova vehicle of the petitioner –accused No.4 is seen. Both the petitioners are required for custodial interrogation. With this, she prayed to reject the petition.

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

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On the complaint of one Neelakumar, a case has been registered in Crime No.184/2025 of Mudigere Police Station for aforesaid offences. There was theft of 60

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6 - NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025

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HC-KAR

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bags of pepper containing 30 kg each have been stolen by unknown persons. The case has been registered against unknown persons. The petitioners apprehended their arrest as their names are mentioned in the remand application of accused No.3. At the instance of accused No.3, 506 kg of pepper has been seized under mahazar which she has sold to one Jabbar. Accused No.3 has been granted bail by the Jurisdictional Court. The car belonging to petitioner -accused No.4 which was parked in front of the house of his wife has been seized under mahazar. The petitioner -accused No.2 is lady, who gave birth to female child one month ago and she is stated to be pregnant of 07 months as on the date of alleged offence. There are no criminal antecedents of petitioners. The offences alleged against petitioners are not punishable either with death or imprisonment for life. The petitioners have undertaken to cooperate with Investigating Officer in the investigation and abide by any terms and conditions to be imposed by this Court. Considering the above aspects, petitioners have

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7 - NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025

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HC-KAR

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made out case for grant of anticipatory bail with conditions.

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In the result, the following

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i) Both the petitions are allowed.

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ii) Petitioners -accused Nos.2 and 4 are ordered to be released on bail in the event of their arrest in Crime No.184/2025 of Mudigere Police Station registered for offences under punishable Sections 331(3), 331(4), 305 of BNS subject to following conditions:

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a) Petitioners -accused Nos.2 and 4 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the with the satisfaction of the Investigating Officer.

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NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025

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HC-KAR

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b) Petitioners -accused Nos.2 and 4 shall

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appear before the Investigating Officer whenever called for and cooperate for investigation.

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c) Petitioners -accused Nos.2 and 4 shall appear before the Investigating Officer on every Sunday for a period of 01 month between 10 a.m. to 02p.m., or till filing of the final report whichever is earlier.

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d) Petitioners -accused Nos.2 and 4 shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence.

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e) In case of filing the charge sheet, Petitioners -accused Nos.2 and 4 have to appear before the trial Court on all dates of hearing uless

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9 - NC: 2026:KHC:7794 CRL.P No. 17638 of 2025 C/W CRL.P No. 16915 of 2025

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HC-KAR

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exempted and co-operate for speedy disposal of the case.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP List No.: 1 Sl No.: 37

Abdul Sabeer v. State by Mudigere Police

Case brief

What is this about?

What did the court decide?

Abdul Sabeer v. State by Mudigere Police

Case brief

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What did the court decide?

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