- 1 - HC-KAR NC: 2026:KHC:18001 CRL.P No. 1745 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1745 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. HIDAYATH ULLA KHAN S/O INAYATHULLA KHAN, AGED ABOUT 35 YEARS, R/AT NO. 12/11, 8TH MAIN, 1ST STAGE, DHARMARAM COLLEGE, BENGALURU SOUTH, BENGALURU - 29. &PETITIONER (BY SRI. VISHNU HEGDE.,ADVOCATE) AND: 1. STATE BY SUDDAGUNTEPALYA POLICE STATION, BENGALURU-560 001 REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-01. &RESPONDENT (BY SMT.ANITHA GIRISH N, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18001 CRL.P No. 1745 of 2026 WHO IS ARRAYED AS ACCUSED IN C.C.NO.49646/2025 (CRIME NO.264/2025) REGISTERED BY THE SUDDGUNTEPALYA POLICE, BENGLAURU AND NOW THE CASE IS COMMITTEE TO THE HONBLE XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGLAURU AND NUMBERED AS S.C.NO.5/2026 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 80, 85 READ WITH SECTION 3(5) OF BNS. THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioner is accused No.1 before this Court seeking regular bail in CC No.49646/2025 (Crime No.264/2025 filed by the respondent/police) for the offences punishable under Sections 80 and 85 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned XLV Additional City Civil and Sessions Judge, Bengaluru and numbered as SC No.5/2026. 2. The case of the prosecution is that the brother of the deceased lodged a complaint stating that his sister, Fathima B, had married one Zamir, son of Kharim Pasha, about six years prior to the incident. Owing to differences - 3 - HC-KAR NC: 2026:KHC:18001 CRL.P No. 1745 of 2026 of opinion between them, they obtained a divorce in accordance with the custom prevailing in their community. Thereafter, she married the present petitioner, a resident of BTM Layout, Bengaluru. It is stated that they were living together happily and that a child was born due to the said wedlock. However, it is alleged that she was subjected to cruelty on account of demand for dowry in the form of cash. On account of such alleged ill-treatment and harassment, she committed suicide on 28.09.2025. 3. Based on the said complaint, a case came to be registered on 12.10.2025. Based on the said complaint, the respondent/police arrested a case, conducted the investigation and submitted the charge sheet. 4. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences and has been falsely implicated in this case. It is also stated that there is an inordinate delay in lodging the complaint. It is further submitted that there is no nexus - 4 - HC-KAR NC: 2026:KHC:18001 CRL.P No. 1745 of 2026 between the alleged cruelty and the death of the deceased. It is further submitted that the complaint is an afterthought and false, lodged by the brother of the deceased. It is also submitted that the petitioner has a two-year-old child, and he has to take care of the said child. Moreover, he is a law-abiding citizen, and he will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 5. Per contra, the learned High Court Government Pleader for the respondent/State vehemently submitted that there is a nexus between the cruelty and the death of the deceased. The averments made in the complaint indicate that on several occasions the petitioner had demanded money from the complainant. It is further stated that amounts of Rs. 50,000/-, Rs. 70,000/-, and Rs. 1,00,000/- were paid to the petitioner, and he was advised to take proper care of the deceased. However, despite many advices, the petitioner is alleged to have continued - 5 - HC-KAR NC: 2026:KHC:18001 CRL.P No. 1745 of 2026 to harass her on one pretext or another, as a consequence, she committed suicide on 28.09.2025. 6. It is further submitted that there may be some delay in lodging the complaint. However, that does not mean that the incident had not taken place or that the alleged acts of cruelty were not committed. Therefore, the petition may be rejected. Making such submissions, the Learned High Court Government Pleader prays to reject the petition. 7. Heard the learned counsel for the respective parties. Perused the averments of the complaint and also the charge sheet. It appears from the record that the petitioner married the deceased on 20.02.2021 in accordance with the customs and traditions prevailing in their community, and out of the said wedlock, they have a child. It further appears that there was a strained relationship between the petitioner and the deceased. However, no complaint had been lodged before any police - 6 - HC-KAR NC: 2026:KHC:18001 CRL.P No. 1745 of 2026 station with regard to the alleged acts of cruelty during the subsistence of the marriage. Moreover, there is a delay in lodging the present complaint by the complainant. Having considered the said aspect, without adverting to the merit of the case, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in CC No.49646/2025 (Crime No.264/2025 filed by the respondent/police) for the offences punishable under Sections 80 and 85 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2025 pending on the file of the learned XLV Additional City Civil and Sessions Judge, Bengaluru and numbered as SC No.5/2026 on executing personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2026:KHC:18001 CRL.P No. 1745 of 2026 iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. vi) The petitioner shall not indulge in any criminal offences 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 necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 17