- 1 - HC-KAR NC: 2026:KHC:26365 CRL.P No. 2766 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.2766 OF 2026 (439(Cr.PC) / 483(BNSS) BETWEEN: SRI SAQLAIN PASHA AGED ABOUT 27 YEARS SON OF ASGAR PASHA NO.92, 2ND CROSS, 2ND MAIN ROAD, KEB OFFICE, JJR NAGAR, RANGANATH COLONY, GOVERNMENT ELECTRIC FACTORY BENGALURU-560 026. (NOW IN JUDICIAL CUSTODY) (ADDRESS MENTIONED AS IN REMAND APPLICATION) …PETITIONER (BY SRI. MANJUNATH M R., ADVOCATE) AND: THE STATE OF KARNATAKA BY UPPARPET P.S, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560 009. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL.SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.315/2025 IN ITS C.C.NO.49969/2025 FOR THE OFFENCE P/U/S 351, 49, 61(1), 70(1), 3(5) OF BNS 2023 REGISTERED BY THE RESPONDENT UPPARPET P.S. BENGALURU IN CR.NO.315/2025 PENDING ON THE FILE OF V A.C.J.M AT BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26365 CRL.P No. 2766 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Crime No.315/2025 registered by the Upparpet Police Station, Bengaluru, for the offences punishable under Sections 351, 49, 61(1), 70(1) r/w 3(5) of BNS, 2023 is before this Court in this criminal petition filed under Section 483 of BNSS seeking regular bail. 2. Heard learned counsel for the petitioner and learned Addl. SPP for the respondent. 3. The FIR in Crime No.315/2025 was registered by the Upparpet Police Station, Bengaluru, for the aforesaid offences against Mohammed Munazir and the petitioner herein based on the first information dated 24.10.2025 received from the victim lady aged about 21 years. During the course of investigation, the petitioner herein was arrested on 24.10.2025 and remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against two persons. - 3 - HC-KAR NC: 2026:KHC:26365 CRL.P No. 2766 of 2026 4. Petitioner is accused No.2 and the husband of the victim lady is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.11157/2025 was rejected on 04.02.2026. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that there was serious marital dispute between the accused No.1 and his wife, the victim lady. Since, the petitioner – accused No.2 tried to mediate for the purpose of settlement, the first informant and her family members had vengeance against the petitioner. Under these circumstances, a false complaint is filed. He submits that petitioner is a married man having wife and children. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl. SPP, who appears on behalf of the respondent – State submits that petitioner has committed a serious offence and allegations made is that he along with the husband of the victim had sexually assaulted the victim lady. Accordingly, he prays to dismiss the petition. - 4 - HC-KAR NC: 2026:KHC:26365 CRL.P No. 2766 of 2026 7. The first information in the present case has been filed by the victim lady, who is the wife of accused No.1. The alleged incident had taken place on 19.10.2025 in a lodge at Magestic in Bengaluru. The FIR is belatedly filed on 24.10.2025. The victim lady has stated in the first information that she was taken to the lodge by her husband on 19.10.2025 at about 06.30 P.M. and when she went inside the room in the lodge, she found the petitioner inside the room. Thereafter, she was forced by her husband to have sexual intercourse with the petitioner. She has alleged that her husband and the petitioner herein had sexually assaulted her in the lodge against her wish. She has also stated that subsequently on 21.10.2025 her husband had left her in her parents house. She had subsequently informed about the incident to her parents on 24.10.2025 and thereafter, she had approached the police and submitted the first information. 8. The statement of the victim lady under Section 183(1) of BNSS, 2023 has been recorded in the present case on 10.12.2025 by the jurisdictional Magistrate. In the said statement, the victim lady has stated that after the alleged - 5 - HC-KAR NC: 2026:KHC:26365 CRL.P No. 2766 of 2026 incident had taken place on 19.10.2025, she had gone to her parents house along with her husband on 21.10.2025 and he had threatened her not to say anything about the incident to her parents. Therefore, she had not informed about the incident on that day and on 22.10.2025, she had thought of committing suicide and when she was crying alone in the room her mother had questioned her and thereafter she had narrated the entire incident. Subsequently, her mother had informed the same to her father. Thereafter, she along with her parents had gone to J.J.R. Nagar police station on 23.10.2025 and lodged a oral complaint. The police arrested her husband and the petitioner herein on the same night. Subsequently, she had approached the Upparpet Police Station on 24.10.2025 and submitted a complaint based on which FIR was registered in the present case. 9. In the remand application of the accused persons, it is mentioned that after the FIR was registered in Crime No.315/2025 by the Upparpet Police Station, the police constable attached to the said police station had arrested the accused at about 4.30 p.m., based on the credible information - 6 - HC-KAR NC: 2026:KHC:26365 CRL.P No. 2766 of 2026 received. The aforesaid discrepancies creates a doubt in the mind of the Court about the allegations made against the petitioner, more so, when the allegation is that the petitioner had committed the alleged offence along with husband of the first informant. Undisputedly, the petitioner has no criminal antecedents and he is a married man having family to be taken care of. He is in custody from 24.10.2025. Investigation of the case is completed and charge sheet is already filed and trial in the case is yet to commence. Under the circumstances, I am of the view that his prayer for grant of regular bail is to be answered in the affirmative. 10. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.315/2025 of Upparpet Police Station registered for the offences punishable under Sections 351, 49, 61(1), 70(1) r/w 3(5) of BNS, 2023 subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - HC-KAR NC: 2026:KHC:26365 CRL.P No. 2766 of 2026 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SV List No.: 1 Sl No.: 30