- 1 - HC-KAR NC: 2026:KHC:32415 CRL.P No. 7389 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7389 OF 2026 BETWEEN: MRS. ALIYA TAJ W/O MOHAMMED ARFAD AGED ABOUT 23 YEARS RESIDING AT NO.419/1 OPP SUBASH ENG SCHOOL 1ST AND 2ND CROSS MANGAMMANA PALYA BANGALORE SOUTH PO BOMMANAHALLI BANGALORE - 560 068 KARNATAKA. …PETITIONER (BY SRI AFROZ PASHA, ADV.) AND: STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION REP BY REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CONNECTION WITH THE CR.NO.144/2026 OF HSR LAYOUT POLICE STATION FOR THE OFFENCE P/US/ 120,303(2),316,308(2),308(4),351(2) R/W SEC.3(5),61(1),351(3),61(2),78 OF BNS 2023 PENDING BEFORE THE 3rd ADDL CJM COURT AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32415 CRL.P No. 7389 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.3 in Crime No.144/2026 registered by HSR Layout Police Station, Bengaluru City, for the offences punishable under Sections 61(1), 351(3), 61(2), 78, 120, 303(2), 316, 308(2), 308(4), 351(2) read with 3(5) of BNSS 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the petitioner and learned HCGP for the respondent. 3. FIR in Crime No. 144/2026 was registered by HSR Layout Police Station, Bengaluru City, for the aforesaid offences against Khaleel and two others, after the private complaint filed by the defacto complainant before the Court of Jurisdictional Magistrate at Secunderabad, who has referred it to HSR Layout Police Station for the purpose of investigation. Petitioner is arrayed as accused no.3 in the said FIR. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.3853/2026 before the Jurisdictional Sessions Court, which was rejected on 16.05.2026. Therefore, she is before this court. - 3 - HC-KAR NC: 2026:KHC:32415 CRL.P No. 7389 of 2026 4. In the private complaint that was filed on 10.12.2025 before the Court of Jurisdictional Magistrate at Secunderabad, it stated that the defacto complainant is a married lady. She is a resident of Hyderabad. She had travelled to Bengaluru to see her younger daughter who was not well. During the said period, she was in contact with accused no.3 who was her friend. 5. It is alleged that accused no.3 browsed the defacto complainant's mobile phone and without her knowledge copied certain private and personal photographs and videos of the defacto complainant and thereafter handed over the same to accused no.1, with whom accused no.3 had illicit relationship. It is alleged that accused nos.1 & 2, who are brothers, thereafter demanded money from the first informant and threatened that they would circulate her private photos and videos. She has stated that for the period from 08.03.2025 to 11.04.2025 she had totally paid a sum of ₹1,64,000/- as per demand. She has further stated that when she had requested accused no.1 to delete her private photographs and videos, he allegedly asked her to come to a hotel room and in the said room he had given her a juice and after consuming the same - 4 - HC-KAR NC: 2026:KHC:32415 CRL.P No. 7389 of 2026 she lost her consciousness and thereafter when she woke up she found her clothes were removed and she was subjected to sexual assault. She has further stated that immediately thereafter on 14.06.2025 she had gone to the nearest police station in Bengaluru, but they had refused to receive her complaint. Subsequently, she had gone to Hyderabad and informed about the incident to her husband and thereafter had submitted a written complaint on 03.07.2025 before Gandhinagar Police Station at Hyderabad. But even the said police did not take any action. It is with these allegations a private complaint is filed belatedly on 10.12.2025, based on which, the present FIR has been registered against the petitioner herein and two others. 6. The allegations found in the private complaint prima facie do not inspire confidence in the mind of the Court. There is an inordinate delay in filing the private complaint which has now resulted in registering the present FIR. It is not in dispute that petitioner does not have any criminal antecedents and she has undertaken to cooperate with the police for the purpose of investigation. Accused nos.1 & 2 have been granted - 5 - HC-KAR NC: 2026:KHC:32415 CRL.P No. 7389 of 2026 anticipatory bail by this Court in Crl.P.No.7165/2026 disposed of on 25.06.2026. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order: 7. The Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.144/2026 registered by the HSR Layout Police Station, Bengaluru City, for the offences punishable under Sections 61(1), 351(3), 61(2), 78, 120, 303(2), 316, 308(2), 308(4), 351(2) read with 3(5) of BNSS 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - HC-KAR NC: 2026:KHC:32415 CRL.P No. 7389 of 2026 3. Petitioner shall not tamper with the prosecution witness and she shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK