KARNATAKA v. MANGALURU CITY-575 002
Case at a glance
- Bench
- SHIVASHANKAR AMARANNAVAR
- Neutral citation
- 2026:KHC:6414
Outcome
Dismissed
In view of the memo, the petition is dismissed as
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Bharatiya Nagarik Suraksha Sanhita, 2023
- Bharatiya Nyaya Sanhita, 2023 ss. 189(2), 190, 305(a), 324(5), 331(1)
Judgment
(BY SRI. PRATHEEP K.C, ADVOCATE) AND:
THE STATE OF KARNATAKA REP. BY MANGALURU EAST POLICE DAKSHINA KANNADA DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01
K.B. ASHOK RAI S/O LATE VITAL RAI AGED ABOUT 70 YEARS R/AT ASHOK FORTUNE NO.3/1 1ST MAIN, JAKKASANDRA LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA …PETITIONER - 2 - NC: 2026:KHC:6414 CRL.P No. 12926 of 2025 HC-KAR KORAMANGALA MANGALURU CITY-575 002 …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1; SMT. HALEEMA AMEEN, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (FILED UNDER SECTION 482 OF BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.49/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 189(2), 331(1), 324(5), 305(a), 190 OF BNS, 2023, BY MANGALORE EAST POLICE AND 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 SHIVASHANKAR AMARANNAVAR ORAL ORDER Learned counsel for the petitioner files a memo seeking withdrawal of the petition. The memo reads thus:
1. The petitioner has filed above petition seeking anticipatory in Cr.No.49/2025 registered before the respondent police. It is further submitted that, initially petitioner approached this court seeking for anticipatory bail in Crl. Pet.6951/2025 however said petition was withdrawn on the account of grant of stay further investigation Crl. Pet. No.7268/2025 dated 27.05.25 by this - 3 - NC: 2026:KHC:6414 CRL.P No. 12926 of 2025 HC-KAR court. The de-facto complainant challenged Crl. Pet.7268/2025 before the Hon’ble apex court in SLP (Crl) No.12852/2025 and Hon’ble apex court vide order dated 01.09.2025 stayed the order of stay granted by this court. In that circumstances the petitioner was constrained to approach this court in the above petition seeking for anticipatory bail and this court vide dated 22.09.25 granted interim anticipatory bail subject to certain conditions.
Operative part
2. It is submitted that, the Hon’ble apex court vide final order dated 17.11.2025 dismissed the special leave petitions No.12852/2025, 12498/2025, 14916/2025 preferred by the de- facto complainant. In view of dismissal of special leave petitions the order of stay granted by court dated 27.05.25 continuous to operate in favour of petitioner herein. Therefore, in view of the above circumstance, petitioner apprehension of arrest as of now. Therefore petitioner may be permitted to withdraw the above petition with liberty to approach this - 4 - NC: 2026:KHC:6414 CRL.P No. 12926 of 2025 HC-KAR court for seeking anticipatory bail in the event stay granted by this court in Crl. Pet.7268/2025 is vacated or if the petition is dismissed on merit. The memo may be taken on record in the interest of justice and equity. In view of the memo, the petition is dismissed as withdrawn with a liberty as prayed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 6
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the memo, the petition is dismissed as
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Bharatiya Nagarik Suraksha Sanhita, 2023; Bharatiya Nyaya Sanhita, 2023 — ss. 189(2), 190, 305(a), 324(5), 331(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.