- 1 - HC-KAR NC: 2025:KHC:33767 CRL.P No. 10768 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10768 OF 2025 (438(Cr.PC) / 482(BNSS) BETWEEN: 1. NOORULLA S/O. KHALEEL ULLA @ KHALIL ULLA, AGED ABOUT 52 YEARS, R/AT. RAJIVGANDHI NAGAR, MELEKOTE, MASEEDI ROAD BEHIND TUMAKURU-572101. 2. SANIYA. N @ SANIYA C/O MOHAMMED NAYEEM ULLA AGED ABOUT 24 YEARS R/AT NAGAVALLI NAGAVALLI PO TUMKURU – 572 118. 3. ERAM TEHRIN @ IRAM TEHREEN D/O. NOORULLA, AGED ABOUT 20 YEARS, R/AT. A BLOCK, ARFATH MASJID, RAJEEVGANDHINAGAR, MADHUGIRI, TUMAKURU-572 101. 4. TASMIYA @ TASMIYA FIRDOSE W/O SYED SALAR, AGED ABOUT 26 YEARS, R/AT. THAVAREKERE, THAVAREKERE, P.O. TUMAKURU-572 122. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33767 CRL.P No. 10768 of 2025 5. MOSINA BANU @ MOSEENA W/O. NOORULLA, AGED ABOUT 40 YEARS, R/AT MELEKOTE, MASEEDI ROAD BEHIND RAJIVGANDHI NAGAR, TUMAKURU-572 101. …PETITIONERS (BY SRI. G.M. SHARATH KUMAR, ADVOCATE FOR SRI. MOHAMMED UMMAR FAROOQ, ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMEN'S POLICE STATION TUMAKURU REPT. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001. 2. TABASSUM D/O. AKRAM PASHA, AGED ABOUT 21 YEARS, R/AT 17TH CROSS, P.H. COLONY, TUMAKURU TOWN TUMAKURU-572 101. …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R-1 SRI. NAGENDRA.B, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS/ACCUSED NOs.2, 3, 4, 5, 6 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN THEIR CR.NO.118/2025 REGISTERED BY THE WOMEN P.S., TUMAKURU, FOR THE OFFENCES P/U/S 312,323,324,417,376,504,506 R/W 149 OF IPC, PENDING ON THE FILE OF 2nd 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: - 3 - HC-KAR NC: 2025:KHC:33767 CRL.P No. 10768 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred by accused Nos.2 to 6 in Crime No.118/2025 of Tumakuru Women’s Police Station, to enlarge them on Anticipatory Bail. 2. Complaint is lodged by respondent No.2 against accused Nos.2 to 6 for the offences punishable under Sections 312, 323, 324, 417, 376, 504, 506 r/w. Section 149 of the Indian Penal Code, 1860 (for short “the IPC”). 3. Heard the learned counsel for petitioners, learned High Court Government Pleader for the State, learned counsel for respondent No.2 – de-facto complainant and perused the material on record. 4. It is stated in the complaint that Petitioner/accused No.1 along with his family members initiated matrimonial negotiations with her family and on 18.07.2020 accused no.1 got engaged to her. 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, - 4 - HC-KAR NC: 2025:KHC:33767 CRL.P No. 10768 of 2025 despite being engaged to 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 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 are alleged to have 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 - 5 - HC-KAR NC: 2025:KHC:33767 CRL.P No. 10768 of 2025 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 complainant, continued physical relations with her, and extracted money under false assurances. 5. Learned High Court Government Pleader and the learned counsel for respondent No.2 contended that if the petitioners are enlarged on bail, they may threaten the complainant and other prosecution witnesses and they may not co-operate with the investigation of the case. 6. Accused No.1 against whom there are specific allegations, has been arrested and he is in judicial custody. Petitioners are the parents and other relatives of accused No.1. They are arraigned as accused Nos.2 to 6 in the FIR. Omnibus allegations are made against them that they have demanded money and harassed the complainant, assaulted her etc. The said allegations itself are not sufficient to deny the relief sought in the petition. As per complaint averments, complainant’s marriage was fixed with accused No.1 in the year 2020. It is - 6 - HC-KAR NC: 2025:KHC:33767 CRL.P No. 10768 of 2025 alleged that accused No.1 has married one Saniya. The complaint is lodged in the year 2025. The apprehension of the respondents can be taken care of by imposing suitable conditions. Hence, the following: ORDER Petition is allowed. Petitioners / accused Nos.2 to 6 in Crime No.118/2025 registered at Tumakuru Women Police Station, shall be released in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two sureties for the likesum. b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) They shall co-operate with the investigation of the case. - 7 - HC-KAR NC: 2025:KHC:33767 CRL.P No. 10768 of 2025 d) They shall not threaten or intimidate the complainant in any manner. e) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. f) They shall be regular in attending the Court proceedings. Pending I.A.No.1/2025 stands disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE BMC List No.: 1 Sl No.: 35