- 1 - NC: 2025:KHC:9367 CRL.P No. 14280 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14280 OF 2024 BETWEEN: 1. MOHAMMED SHAFEEN S/O LATE ABDUL SAMAD, AGED ABOUT 22 YEARS R/AT-#1-87(7), MANGALA NAGARA, NATEKAL, MANJANADY, ASSAIGOLI, ULLALA, D.K. - 574 199. 2. MAHAMMED SIYAB S/O JAKIR HUSSAN, AGED ABOUT 32 YEARS, R/AT-#1-87(7), MANGALA NAGARA, NATEKAL, MANJANADY, ASSAIGOLI, ULLALA, D.K. - 574 199. …PETITIONERS (BY SMT. POOJA KATTIMANI, ADVOCATE FOR SRI. DINESH KUMAR RAO .K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANGALORE EAST PS, MANGALORE - 575 015. 2. MEGHA D/O S.N. AMRUTH AGED ABOUT 28 YEARS, OCC: CONTRACTOR, R/AT IBROSE APARTMENT, JAIL ROAD, KODIALBAIL, MANGALURU - 575 003. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR RESPONDENT NO.1. SRI. LATHIF .B., ADVOCATE FOR R2) Digitally signed by NANDINI B G Location: high court of karnataka - 2 - NC: 2025:KHC:9367 CRL.P No. 14280 of 2024 THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.197/2024 OF MANGALURU EAST POLICE STATION, MANGALURU PENDING ON THE FILE OF THE VI JMFC COURT, MANGALURU CITY, D.K., (REGISTERED FOR THE OFFENCE P/U/S 64, 331, 351(3), 305(A), 3(5), 76 OF BNS 2023 AND SEC.67-A OF INFORMATION TECHNOLOGY ACT 2006. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime No.197/2024 registered by Mangalore East Police Station, Dakshina Kannada District, for the offences punishable under Sections 64, 331, 351(3), 305(A), 3(5), 76 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Section 67(A) of Information Technology Act, 2006 (for short, 'IT Act') are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.197/2024 was registered by Mangalore East Police Station, Dakshina Kannada District for the aforesaid offences against the petitioners herein on the basis of the first information dated 26.11.2024 received from - 3 - NC: 2025:KHC:9367 CRL.P No. 14280 of 2024 respondent No.2, who is the alleged victim in the present case. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.1057/2024 before the Jurisdictional Sessions Court which was rejected on 16.12.2024. Therefore, the petitioners are before this Court. 4. Learned counsel for the petitioners submits that respondent No.2 had earlier filed a similar police complaint in Crime No.90/2023 against two other accused persons. She submits that, after registration of the criminal case in the present case, accused No.1 and respondent No.2 have inter se settled their dispute and they are now living together in Muscat. 5. Learned counsel appearing for respondent No.2 does not dispute the said submission made by the learned Counsel for the petitioners and he submits that he has no objection to allow the petition. 6. Learned HCGP however submits that, investigation of the case is under progress. 7. In the first information dated 26.11.2024 submitted by the victim aged 28 years, she has stated that, she accidentally met petitioner No.1 on 21.07.2024 and - 4 - NC: 2025:KHC:9367 CRL.P No. 14280 of 2024 subsequently she got acquainted with him. Thereafter, he used to visit her apartment in which she stayed in Mangalore. During one such visit, he had brought some fruit juice and made her to consume the same. After consuming the said juice, she had lost consciousness and the petitioner allegedly had sexual intercourse with her. When she questioned him, he had admitted his act and he continued to meet her in her house even thereafter, and used to have forcible sexual intercourse with her by threatening her that he will circulate the obscene photos and videos which were recorded in his mobile. Subsequently, when she had gone to his house on 25.10.2024, accused No.2 who is the elder brother of accused No.1 allegedly criminally intimidated her, tried to catch hold of her and attempted to rape her. The victim however escaped from his hands and subsequently had lodged the complaint before the police. 8. Material on record would go to show that victim lady had lodged another complaint against two other accused persons, based on which, FIR in Crime No.90/2023 was registered by Mangalore Women Police Station, Dakshina - 5 - NC: 2025:KHC:9367 CRL.P No. 14280 of 2024 Kannada for the offence punishable under Section 376, 417, 313 of IPC. 9. Learned Counsel for the petitioners and the learned counsel for respondent No.2 have jointly submitted that the dispute between the parties is settled and the parties are now residing together in Muscat. Under such circumstances, I am of the opinion that considering the nature of allegations found in the first information against the petitioners and also in the background of the submissions made by the learned counsels for the parties, the prayer made by the petitioners herein for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner's in the event of their arrest in Crime No.197/2024 registered by Mangalore East Police Station, Dakshina Kannada for the offences punishable under Sections 64, 331, 351(3), 305(A), 3(5), 76 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and - 6 - NC: 2025:KHC:9367 CRL.P No. 14280 of 2024 Section 67(A) of Information Technology Act, 2006 (for short, 'IT Act'), subject to the following conditions: 1. The Petitioner's shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner's shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner's shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner's shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 50