- 1 - HC-KAR NC: 2025:KHC:39883 CRL.P No. 12398 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12398 OF 2025 BETWEEN: SYED KHADRI @ SYED KAREEM MOHIDDIN SHA KHADRI S/O SYED SHAMASUDDIN SHA KHADRI AGED ABOUT 34 YEARS, RESIDING AT WARD NO.2 NEAR MORARJI HOSTEL, VIJAYA NAGAR, HASSAN - 573 201. …PETITIONER (BY SRI. LAKSHMI KESHAV SRINIVASAN, ADVOCATE FOR SRI. AMRUTHESH N.P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HASSAN WOMEN P.S, HASSAN - 573 201 REPRESENTED BY STATE PUBLIC PROSECUTOR. HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. APSANA D/O KHALEEL PASHA, AGED ABOUT 27 YEARS, OCCU: LAB TECHNICIAN, R/O DUDDA RS, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39883 CRL.P No. 12398 of 2025 HASSAN TALUK, HASSAN DISTRICT - 573 118. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. ARVIND N., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE (UNDER SECTION 482 BNSS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN CRIME NO.59/2025 REGISTERED BY HASSAN WOMEN POLICE STATION AGAINST THE ACCUSED PERSONS HEREIN, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 352, 351(2), 75(2) R/W 3(5) OF BNS, 2023. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.5 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 seeking grant of anticipatory bail in Crime No.59/2025 of Hassan Women Police Station registered for offences punishable under Sections 85, 352, 351(2), 75(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2025:KHC:39883 CRL.P No. 12398 of 2025 2. Heard learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 - State and learned counsel for respondent No.2. 3. Learned counsel for petitioner would contend that, the allegations made against the petitioner in the complaint are all false. The petitioner/accused No.5 is residing in Belur and he is a Swimming Coach attending work from morning till night. The petitioner never stayed in the house of victim and her husband. The wife of the petitioner helped the husband of the victim financially by sending money. The Rental Agreement dated 10.01.2025 indicate that, the petitioner is residing in Belur and not in Hassan as alleged. He contends that the victim has an affair with one person and which was revealed in messages sent from her phone to the said person. He further contends that the husband of complainant had filed a case seeking custody of the child against the victim on 22.06.2025 and he had also filed a missing complaint of the victim on 17.07.2025 and in order to take revenge, - 4 - HC-KAR NC: 2025:KHC:39883 CRL.P No. 12398 of 2025 she had lodged a false complaint against the petitioner. The petitioner is having a daughter aged about 02 years and he is permanent resident of Belur Taluk in Hassan District. The petitioner is ready to co-operate with the Police in investigation. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader would contend that, there are serious allegations against the petitioner for having committed sexual offence against the victim and the investigation is in progress. With these, she prayed for rejection of the petition. 5. Learned counsel for respondent No.2 would contend that, all accused persons and victim are residing in the same address. The petitioner had committed a sexual offence against the victim. The victim prior to filing of the complaint had approached the Police and they have not entertained her complaint and her complaint has been entertained only after she approached the Deputy Superintendent of Police. The investigation is in progress - 5 - HC-KAR NC: 2025:KHC:39883 CRL.P No. 12398 of 2025 and at this stage, if anticipatory bail is granted to the petitioner, he will create hurdle in investigation and tamper the prosecuting witnesses. With these, he prayed for rejection of the petition. 6. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record. 7. Accused No.1 is husband of the victim and they had a child by name Nizam Khan. Accused No.1 - husband of the victim had filed complaint on 17.07.2025 with Superintendent of Police, Hassan wherein it is mentioned that the victim had extra marital affair with one person and she is sending messages to him stating that, she will come after one year and she has left the house without intimating any members of the family. Prior to this, accused No.1 had filed G & WC.No.8/2025 on 22.07.2025 against the victim seeking custody of minor child - Nizam Khan. The present complaint has been filed on 22.07.2025 i.e., after accused No.1 filing G & WC No.8/2025 and - 6 - HC-KAR NC: 2025:KHC:39883 CRL.P No. 12398 of 2025 missing complaint of the victim. The documents produced would indicate that, the petitioner is a Swimming Coach residing at Belur. 8. Considering all these aspects, the petitioner has made out a case for enlarging him on anticipatory bail. In the result, I pass the following: ORDER This Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.59/2025 of Hassan Women Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Jurisdictional Court. ii) The petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety. - 7 - HC-KAR NC: 2025:KHC:39883 CRL.P No. 12398 of 2025 iii) The petitioner shall cooperate with the Police in investigation. iv) The petitioner shall not hamper the investigation and tamper the prosecuting witnesses. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 29 CT: BHK