- 1 - HC-KAR NC: 2026:KHC:8643 CRL.P No. 16947 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16947 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MRS NAZIYA AGED ABOUT 42 YEARS RESIDING AT NO.21, 1ST MAIN 3RD CROSS, MAHADEVAPURA MAIN SHANTINAGAR, UDAYAGIRI POST MYSORE DISTRICT 570019 …PETITIONER (BY SRI. MAHAMMAD ASFAK.,ADVOCATE) AND: 1. THE STATE BY ARAKERE PS REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE 560001 …RESPONDENT (BY SRI. M R PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT THE ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST OF DIRECTING THE ARAKERE P.S., IN CRIME NO.173/2025 TO ENLARGE THE PETITIONER OFFENCE PUNISHABLE UNDER SECTION 105 READ WITH SECTION 3(5) OF BNS PENDING ON THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JUDICIAL MAGISTRATE FIRST CLASS AT SRIRANGAPATNA MANDYA. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8643 CRL.P No. 16947 of 2025 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.1 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.173/2025 of Arakere Police Station registered for offences punishable under Section 105 read with Section 3(5) of Bharatiya Nyay Sanhita, 2023. 2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State. 3. The learned counsel for petitioner would contend that on 01.11.2025, after celebration of Karnataka Rajyotsava, the students went back. The petitioner and other teachers have not taken the children to any nala for washing the mats etc. The said alleged nala is situated at a distance of 20 kms. from the said - 3 - HC-KAR NC: 2026:KHC:8643 CRL.P No. 16947 of 2025 Madarasa, wherein the petitioner and other accused are working. The petitioner and other accused are not responsible for the death of the children. The children themselves might have gone to the said nala on their own. The petitioner is ready to cooperate with the police in investigation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader would contend that in the incident four children aged about 14 years died by drowning in the nala. But the petitioner and other accused took the children to the said nala for washing mats etc. The matter is under investigation. The petitioner is required for custodial interrogation. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials on record. - 4 - HC-KAR NC: 2026:KHC:8643 CRL.P No. 16947 of 2025 6. The allegation in the complaint is that the daughter of the complainant, who had gone to school on 01.11.2025, did not return home even after 6.30 p.m. It is stated that the complainant and others went in search of her and found her dead body in a nala situated at Mandyakoppalu of Srirangapatna Taluk. It is further alleged that the accused persons had taken the children to the said nala for the purpose of washing mats and etc. 7. It is submitted that the said Nala is situated at a distance of 20 kms. from the Madarasa. It is further submitted that the children had themselves gone to the said nala and that the accused persons had not taken them there for the purpose of washing mats. It is contended that whether the petitioner and the other accused have committed the offences alleged against them and whether their acts have resulted in the death of the four children are matters to be ascertained during the course of investigation. There are no criminal antecedents of the petitioner. The petitioner has undertaken to - 5 - HC-KAR NC: 2026:KHC:8643 CRL.P No. 16947 of 2025 cooperate with the police in investigation and abide by any conditions to be imposed by this Court. 8. Considering the above facts, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.173/2025 of Arakere Police Station subject to following conditions. a) The petitioner shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioner shall appear before the Investigating Officer whenever called for and cooperate for investigation. - 6 - HC-KAR NC: 2026:KHC:8643 CRL.P No. 16947 of 2025 c) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. d) The petitioner shall appear before the Investigating Officer on every Sunday between 10.00 a.m. and 02.00 p.m. for a period of one month or till filing of the final report whichever is earlier. e) In case of filing of charge sheet, the petitioner shall appear before the Trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 28