- 1 - HC-KAR NC: 2026:KHC:34820 CRL.P No. 7142 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7142 OF 2026 BETWEEN: ABDUL NASEER SON OF UMMAR AGED ABOUT 45 YEARS R/AT EROL HOUSE UDMA VIA, BARE POST KASARAGOD, KERALA. PIN - 671 319. …PETITIONER (BY SRI G.S. SUDHAKAR REDDY, ADV.) AND: 1. STATE BY D. K. WOMEN POLICE STATION D.K., WOMEN-POLICE STATION REPRESENTED BY S.P.P. HIGH COURT BUILDING BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; SRI RAGHAVENDRA SHENOY M, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE IN THE EVENT OF HIS ARREST IN CR.NO.12/2026 (D.K.WOMEN POLICE STATION) U/S 69, 318(4), 352, 351(2) OF BNS 2023, PENDING ON THE FILE OF 3RD JMFC COURT, MANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34820 CRL.P No. 7142 of 2026 ORAL ORDER 1. Accused in Crime No.12/2026 registered by Mangalore Women Police Station, Mangaluru City, for the offences punishable under Sections 69, 318(4), 352 and 351(2) of BNS, 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 parties. 3. FIR in Crime No.12/2026 was registered by Mangalore Women Police Station, Mangaluru City, for the aforesaid offences against the petitioner herein based on first information dated 23.03.2026 received from the alleged victim, aged about 34 years. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.297/2026 before the jurisdictional Sessions Court, which was dismissed on 22.04.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that relationship between the petitioner and the victim lady, who are both married was a consensual relationship. After dispute arose between the parties regarding certain monetary - 3 - HC-KAR NC: 2026:KHC:34820 CRL.P No. 7142 of 2026 transaction, a false complaint has been lodged against the petitioner. He submits that petitioner has no other criminal antecedents. He is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP for respondent No.1 and learned counsel for respondent No.2 - defacto complainant have opposed the bail petition. Learned counsel for respondent No.2 submits that petitioner had not disclosed to the defacto complainant that he was a married man and on the promise of marrying the victim, he had sexual intercourse with her. He also has taken money and gold from her and thereafter has cheated her. Thus, custodial interrogation of petitioner is necessary. Accordingly, he prays to dismiss the petition. 6. It is not in dispute that petitioner as well as the alleged victim are married persons. The allegation in the first information dated 23.03.2026 is that victim got acquainted with the petitioner on 13.02.2025 at Dubai, where she was working. She has stated that subsequently she and the petitioner stayed in the same room for a short period at Dubai before coming to - 4 - HC-KAR NC: 2026:KHC:34820 CRL.P No. 7142 of 2026 India. On 27.02.2025, petitioner allegedly had called her father and informed him that he would be marrying her. In the month of April, 2025, petitioner and victim lady allegedly came to India and he had borrowed a sum of Rs.25,00,000/- from the victim. In the month of May, 2025, petitioner and the victim lady together went to Taj Hotel in Mangaluru and in the said Hotel room, petitioner allegedly had sexual intercourse with her on a false promise of marrying her. 7. Subsequently, in the month of June, 2025, when the victim allegedly asked to repay the amount of Rs.25,00,000/-, petitioner allegedly gave false assurances and demanded further sum of Rs.17,00,000/- and therefore, victim gave a further amount of Rs.13,00,000/- to him. Subsequently, he also had taken gold jewelry of the victim weighing about 65 pawn for the purpose of starting business at Dubai. Thereafter, the petitioner was evading the victim lady and on 19.09.2025, when she called him over phone, he allegedly gave a false information that he was in custody of CID police. On 21.09.2025, victim had gone near the house of the petitioner and the relatives of the petitioner allegedly abused her using - 5 - HC-KAR NC: 2026:KHC:34820 CRL.P No. 7142 of 2026 filthy language and also criminally intimidated her. In respect of the aforesaid incident, first information is submitted on 23.03.2026. 8. A reading of the first information would prima facie go to show that the relationship between the parties was a consensual relationship and undisputedly, petitioner as well as the alleged victim are married persons. It prima facie appears that a dispute arose with regard to money transaction, as found in the first information and thereafter, first informant had approached the police and submitted her first information. Petitioner, who has no other criminal antecedents has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, the following order:- 9. 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 his arrest in Crime No.12/2026 registered by Mangalore Women Police Station, Mangaluru City, for the offences punishable under Sections 69, 318(4), 352 and 351(2) of BNS, 2023, subject to the following conditions: - 6 - HC-KAR NC: 2026:KHC:34820 CRL.P No. 7142 of 2026 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. 3. Petitioner shall not tamper with the prosecution witnesses and he 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 DN List No.: 1 Sl No.: 59