- 1 - HC-KAR NC: 2026:KHC:15273 CRL.P No. 266 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 266 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SMT ALFIYA BANU D/O NASIR PASHA AGED ABOUT 18 YEARS, R/AT NO.393, 1ST MAIN, SHANTHI NAGAR, MYSORE-570019 …PETITIONER (BY SRI. GAURAV SUBRAMANYAM.,ADVOCATE) AND: STATE OF KARNATAKA BY ARAKERE POLICE STATION, MYSURU DISTRICT REP BY STATE PUBLIC PROSECUTOR Digitally signed by NARAYANA UMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15273 CRL.P No. 266 of 2026 HIGH COURT COMPLEX, BENGALURU-560-001 …RESPONDENT (BY SRI.RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CRIME NO.173/2025 OF THE RESPONDENT NO.1 ARAKERE POLICE STATION, MANDYA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 105, 3(5), OF BNS ACT PENDING ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC COURT AT MANDYA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioner is before this Court seeking anticipatory payment in Crime No.173/2025 filed by the respondent/police for the offence punishable under Section 105 read with Section 3(5) of BNS, 2023. - 3 - HC-KAR NC: 2026:KHC:15273 CRL.P No. 266 of 2026 2. The case of the prosecution is that a complaint came to be registered by one Ismail, aged about 48 years, stating that his daughter and three other children died in the Ramaswamy channel at Srirangapatna. It is further stated that the children who died in the said incident were studying at a Madrasa. On 01.11.2025, as there was a leave on account of Kannada Rajyotsava, the children and others were asked to clean the utensils in the channel. They went to the said channel for cleaning the utensils. However, due to the speed and current of the water flow in the said channel, four children drowned and died in the said channel. The bodies of the children were found in the said Ramaswamy channel. Therefore, a complaint has been registered against the teachers of the said Madrasa, including the present petitioner. The investigation is under progress. 3. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offence, and she has been falsely implicated in this case. - 4 - HC-KAR NC: 2026:KHC:15273 CRL.P No. 266 of 2026 Omnibus allegations are made against all the accused named in the FIR. In fact, she was working as a teacher on a contract basis. She had not given instructions to any students to go and wash the utensils in the said channel. 4. It is further submitted that the marriage of the petitioner has been fixed on 25.03.2026, and the date of the marriage has been fixed by the elders and well- wishers. The marriage hall has also been booked. Moreover, the petitioner is a permanent resident of Shantinagar, Mysore. She will abide by the conditions imposed by this in the event of her arrest. Making such a submission, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent/Police vehemently submitted that the four children have died in the said incident. She, being a teacher, had instructed the students to wash the utensils in the Ramaswammy channel, where the flow of water is very fast, and it is difficult even for elders to - 5 - HC-KAR NC: 2026:KHC:15273 CRL.P No. 266 of 2026 control or manage the water current. Such being the fact, the children were asked to wash the utensils in the said channel, which would indicate the animus intention to drive them to the dangerous activities. Therefore, it is not appropriate to grant anticipatory bail to the petitioner. Making such a submission, the learned High Court Government pleader prays to reject the petition. 5. Heard the learned counsel for the respective parties and perused the averments of the complaint. 6. It appears from the record that the petitioner was working as a teacher at Madarasa, where her children died at Ramaswamy channel. It appears from the complaint that the teachers have instructed the children to wash their utensils in the said channel. However, there is no specific allegation made against the present petitioner. Moreover, the learned High Court Government Pleader under the direction of this court has submitted the available report to the Court stating that the petitioner is - 6 - HC-KAR NC: 2026:KHC:15273 CRL.P No. 266 of 2026 going to marry on 25.03.2026 and 26.03.2026. Considering the said aspect, it is appropriate to grant her bail as prayed for. Hence, I proceed to pass the following. ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in the event of her arrest in Crime No.173/2025 filed by the respondent/police for the offence punishable under Section 105 read with Section 3(5) of BNS, 2023 on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. ii) The petitioner shall appear before the respondent police within one month from today to execute a personal bond and also furnish surety. iii) The petitioner shall cooperate with the investigation as and when it is required. iv) The petitioner shall appear before the Trial Court on all hearing dates. - 7 - HC-KAR NC: 2026:KHC:15273 CRL.P No. 266 of 2026 v) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. (vi) The petitioner shall not commit any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE bkm List No.: 1 Sl No.: 17