- 1 - HC-KAR NC: 2026:KHC:31908 CRL.P No. 7165 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7165 OF 2026 BETWEEN: 1. KHALEEL, S/O ISMAIL, AGED ABOUT 24 YEARS, R/AT 28TH MAIN, CORPORATION COLONY, EASTERN BUS STOP, 9TH BLOCK, JAYANAGAR, BENGALURU - 560 029. 2. SYED MUSTAQ AHMED, S/O ISMAIL, AGED ABOUT 26 YEARS, R/AT 28TH MAIN, CORPORATION COLONY, EASTERN BUS STOP, 9TH BLOCK, JAYANAGAR, BENGALURU - 560 029. …PETITIONERS (BY SRI. ANAND R.V., ADVOCATE) AND: STATE OF KARNATAKA, BY HSR LAYOUT POLICE STATION, BENGALURU CITY - 560 029. REPRESENTED BY STATE PUBLIC PROSECUTOR, OFFICE ATTACHED TO HIGH COURT BLDG, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31908 CRL.P No. 7165 of 2026 AMBEDKAR VIDHI, BENGALURU - 560 001. …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP) THIS CRL.P. IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.144/2026 FOR OFFENCES P/U/S 120, 303(2), 316, 308(2), 308(4), 351(2), 61(1), 351(3), 61(2), 78 R/W 3(5) OF BNS 2023 (HSR LAYOUT POLICE STATION, BENGALURU CITY) PENDING ON THE FILE OF THE 3RD ACMM, BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos. 1 & 2 in Crime number 144/2026 registered by HSR Layout Police Station, Bangalore for 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 are before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. - 3 - HC-KAR NC: 2026:KHC:31908 CRL.P No. 7165 of 2026 2. Heard the learned counsel for the petitioners and learned HCGP for the respondent. 3. FIR in Crime No. 144/2026 was registered by HSR Layout Police Station, Bangalore for the aforesaid offences against the petitioners herein and another, 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. Apprehending arrest in the said case, petitioners had filed bail petition in Crl.Misc.No.3695/2026 before the Jurisdictional Sessions Court, which was rejected on 04.05.2026. Therefore, they are before this court. 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 Bangalore to see her younger daughter who - 4 - HC-KAR NC: 2026:KHC:31908 CRL.P No. 7165 of 2026 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 no. 1 and no. 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 she lost her consciousness and thereafter when - 5 - HC-KAR NC: 2026:KHC:31908 CRL.P No. 7165 of 2026 she woke up she found her clothes were removed and she was subjected to sexual assault. 6. She has further stated that immediately thereafter on 14.06.2025 she had gone to the nearest police station in Bangalore, 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 petitioners herein and accused no. 3 - Alia Taj. 7. 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 - 6 - HC-KAR NC: 2026:KHC:31908 CRL.P No. 7165 of 2026 not in dispute that petitioners do not have any criminal antecedents and they have undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.144/2026 registered by the HSR Layout Police Station 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 Petitioners 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 - 7 - HC-KAR NC: 2026:KHC:31908 CRL.P No. 7165 of 2026 Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future Sd/- (S VISHWAJITH SHETTY) JUDGE BVK List No.: 1 Sl No.: 64