- 1 - HC-KAR NC: 2025:KHC:37973 CRL.P No. 12017 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12017 OF 2025 BETWEEN: AMANULLA S/O. NOORULLA, AGED ABOUT 25 YEARS, R/AT. MELEKOTE ROAD, BEHIND ARFATH MASJID RAJIV GANDHI NAGARA TUMAKURU-572101 …PETITIONER (BY SRI. G M SHARATHKUMAR.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMEN'S POLICE STATION TUMAKURU REPT. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 01 2. TABASSUM D/O. AKRAM PASHA, AGED ABOUT 21 YEARS, R/AT 17TH CROSS, P.H. COLONY, TUMAKURU TOWN TUMAKURU-572101 …RESPONDENTS (BY RI. R.RANGASWAMY, HCGP FOR R1; R2 SERVED AND PRESENT IN COURT) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37973 CRL.P No. 12017 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN THEIER CRIME NO.118/2025 FOR THE ALLEGED OFFENCE U/S. 323, 323, 324, 417, 376, 504, 506, R/W 149 OF IPC BY THE WOMEN P.S. TUMAKURU PENDING ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, AT TUMAKURU, BY ALLOWING THE PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred by Accused No.1 in Crime No.118/2025 of Tumakuru Women's Police Station, to enlarge him on regular bail. 2. Heard the learned counsel for the petitioner, learned HCGP for the State and perused the material on record. 3. Respondent No.2/defacto complainant is present before the court. She submitted that she has instructed the learned HCGP to oppose the petition. - 3 - HC-KAR NC: 2025:KHC:37973 CRL.P No. 12017 of 2025 4. On the basis of the complaint lodged by Respondent No.2, aforementioned crime was registered against six accused for the offence punishable under Sections 312, 323, 324, 417, 376, 504, 506 r/w Sec.149 of the Indian Penal Code. 5. It is alleged in the complaint that Petitioner/accused No.1 along with his family members initiated matrimonial negotiations with complainant's family and on 18.07.2020, she got engaged to accused no.1. Thereafter, accused no.1 allegedly made repeated demands for money and obtained a sum of about Rs.4 to 5 lakhs from her upto the year 2025. It is alleged that, despite being engaged to the complainant, accused no.1 married another woman by name Saniya (accused no.3). Accused no.1 is alleged to have induced complainant into physical relationship on the promise of marriage and, when she resisted, threatened her and forcibly subjected her to sexual intercourse, as a result of which she became pregnant. Upon informing the family of the accused no.1, they are stated to have assured her that she would be accepted as their daughter-in-law but compelled her to undergo abortion. It is further alleged that the accused no.1 continued - 4 - HC-KAR NC: 2025:KHC:37973 CRL.P No. 12017 of 2025 to subject the complainant to sexual assault on several occasions, resulting in another abortion. When she confronted the family members regarding such conduct and financial demands, they allegedly insisted on further payments and threatened that otherwise the accused no.1 would be married to another woman. Thereafter, accused no.1 and his associates armed with sticks, stones and bricks, came near her residence at 17th Cross, P.H. Colony, Tumakuru, assaulted her family members, and threatened them with dire consequences if she persisted with her demands for marriage or repayment of money. It is further alleged that in November 2023 the accused No.1 took the complainant to Tulip Villa, Bengaluru, where he again subjected her to physical relationship under the pretext of marriage. Despite being already married and having a child, accused no.1 alleged to have deceived the complainant, continued physical relations with her, and extracted money under false assurances, etc. 6. It is contended by the learned counsel for petitioner that the entire allegations are false and the petitioner and his family members have been falsely implicated in this case by - 5 - HC-KAR NC: 2025:KHC:37973 CRL.P No. 12017 of 2025 Respondent No.2. He contended that the allegations in the complaint that Respondent No.2 became pregnant and her pregnancy was terminated, etc. are entirely false as it is a story created by her at the behest of her family members. He further contended that petitioner married one Sania who has been arrayed as Accused No.3, in the year 2021, which was well within the knowledge of Respondent No.2. However, after an inordinate delay she has lodged the complaint against the petitioner and his family members in the year 2025 with an oblique motive. It is submitted that other accused are granted bail by this court whereas, petitioner is languishing in judicial custody from 23.07.2025. The counsel further submitted that now the investigation is complete and charge sheet is filed and Petitioner will undertake to abide by any conditions imposed by this court. 7. Learned HCGP has contended that Respondent No.2 has categorically stated about petitioner committing sexual intercourse with her with a promise of marriage and when she became pregnant, by deceitful means terminated her pregnancy. Further, the accused demanded money from her - 6 - HC-KAR NC: 2025:KHC:37973 CRL.P No. 12017 of 2025 and only recently she came to know about petitioner's marriage with another woman, after which she has lodged the complaint. He contended that the statement of the victim has been recorded u/s.183 of BNSS, 2023 and therefore, there are prima facie materials against the petitioner. 8. As per the complaint averments, Accused No.1 and his family members initiated matrimonial negotiations with the family of Respondent No.2 on 18.07.2020, on which date Respondent No.2 was engaged to Accused No.1. It is alleged that despite being engaged to the complainant, Accused No.1 married another woman (Accused No.3). Further he allegedly induced the complainant into physical relationship on the promise of marriage and when she resisted, threatened and forcibly subjected her to sexual intercourse, as a result of which she became pregnant. Further, the accused is alleged to have compelled her to undergo abortion, etc. 9. In so far as the allegation of accused compelling Respondent No.2 to undergo abortion, there is no material collected by the prosecution. Learned counsel for the petitioner - 7 - HC-KAR NC: 2025:KHC:37973 CRL.P No. 12017 of 2025 has not disputed the fact that petitioner got married to Accused No.3. The said marriage is alleged to have taken place on 20.06.2021. However, it is his contention that Respondent No.2 was very well aware of the said marriage and inspite of that she lodged a false complaint after an inordinate delay. He submitted that Accused No.3 has lodged a complaint against petitioner and Respondent No.2 which is registered in Crime No.46/2024 for the offence punishable u/s.498A, 323, 324, 109, 504, 506 & 307 r/w 34 of IPC and Sec.3 & 4 of Dowry Prohibition Act, 1961. It is his contention that subsequent to registration of the said case, the present complaint was lodged. 10. Respondent No.2 is a major, aged about 21 years. The allegations are that petitioner has subjected Respondent No.2 to sexual intercourse with a false promise of marriage and later cheated her, etc. It is also alleged that he married another woman without her knowledge, demanded money, compelled her to undergo abortion, assaulted and threatened her, etc. The allegations in the complaint have to be established in due course. - 8 - HC-KAR NC: 2025:KHC:37973 CRL.P No. 12017 of 2025 11. The petitioner has been in judicial custody from 23.07.2025. Investigation is completed and charge sheet has been filed. In the facts and circumstances, further detention of the petitioner in custody may not be required. He has undertaken to furnish adequate surety to ensure his regular presence before the trial court. In the facts and circumstances, by imposing appropriate conditions, petitioner can be enlarged on bail. Hence the following: O R D E R Petition is allowed. Petitioner/Accused No.1 in Crime No.118/2025 of Tumakuru Women's Police Station registered for the offences punishable under Sections 312, 323, 324, 417, 376, 504, 506 r/w Sec.149 of the Indian Penal Code, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 9 - HC-KAR NC: 2025:KHC:37973 CRL.P No. 12017 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE SNB List No.: 1 Sl No.: 37