- 1 - HC-KAR NC: 2026:KHC:16002 CRL.P No. 811 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 811 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: YASEEN KHAN, S/O. ARIF KHAN, AGED ABOUT 21 YEARS, R/AT NO.2080/A, 4TH CROSS, POLICE QUARTERS, KENGERI SATELLITE TOWN, KENGERI, BANGALORE – 560 060 …PETITIONER (BY SRI. SYED MUZAKKIR AHMED, ADVOCATE) AND: STATE OF KARNATAKA BY KENGERI POLICE, BANGALORE CITY – 560 060. Digitally signed by NARAYANA UMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16002 CRL.P No. 811 of 2026 (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. BANGALORE - 560 001). …RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT ANTICIPATORY BAIL IN CR.NO.502/2025 OF KENGERI P.S., BANGALORE CITY, FOR THE OFFENCE P/U/S 108 OF BNS, PENDING ON THE FILE OF HON’BLE VI ACMM, BANGALORE, WITH A DIRECTION TO RELEASE HIM ON BAIL IN THE EVENT OF ARREST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:16002 CRL.P No. 811 of 2026 ORAL ORDER 1. The petitioner / accused, is before this Court seeking for grant of anticipatory bail in Crime No.502/2025 of respondent-police for the offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, a complaint came to be registered by the father of the deceased, stating that he had four children. The deceased was his second daughter. She was studying in the Final Year B.Com at BIMS College. It is further stated that, in the year 2023, he had performed the marriage of his daughter with Iqbal Ahamad as per Muslim customs and traditions and the said marriage was subsequently dissolved as per the customs prevailing in the community at the Masjid. 3. It is further stated that, the present petitioner is stated to have become acquainted with his daughter and used to insist that she marry him, also requesting her to love him. It is further stated that on the pretext of the said false promise of marriage, the petitioner had sexual - 4 - HC-KAR NC: 2026:KHC:16002 CRL.P No. 811 of 2026 intercourse with the victim and thereafter refused to marry her. Consequently, on 08.10.2025, his daughter consumed poison. Immediately, she was shifted to the hospital. However, on 16.10.2025, she died. Therefore, a complaint came to be registered by the father of the deceased. On receiving the said information, the respondent - police have registered a case and conducting the investigation. 4. Heard Sri Syed Muzakhir Ahmed, learned counsel for the petitioner and Smt. Anitha Girish N., learned High Court Government Pleader for the respondent – State. 5. The submission of the learned counsel for the petitioner is that, the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The allegations levelled against him are baseless and false. Though it is alleged that the petitioner had committed sexual intercourse on the victim on the pretext of marriage and later refused to marry her, the fact remains that on 08.10.2025, the victim had consumed poison and later, she was shifted to the hospital. On 16.10.2025, she - 5 - HC-KAR NC: 2026:KHC:16002 CRL.P No. 811 of 2026 died in the hospital. At the time when she consumed poison, the complainant had not chosen to lodge any complaint against the petitioner. There is an inordinate delay in lodging the complaint. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions, and he will abide the conditions, in the event of his release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader for the respondent – State vehemently submitted that the petitioner, on the pretext of a false promise of marriage, committed sexual intercourse on the victim, later, he refused to marry her, as a result of which, on 08.10.2025, she consumed poison. Later, on 16.10.2025, she died in the hospital. There is a nexus between the death of the victim and the harassment of the petitioner. Therefore, the alleged offence is heinous in nature. Hence, it is not appropriate to grant any relief as prayed for in the petition. Making such submissions, learned High Court Government Pleader prays to reject the petition. - 6 - HC-KAR NC: 2026:KHC:16002 CRL.P No. 811 of 2026 7. Having heard the learned counsel for the respective parties and also on perusal of the averments of the complaint, it appears that the daughter of the complainant earlier had married one Iqbal Ahamad and the said marriage has been dissolved amicably at the instance of well-wishers and others. Later, it is alleged that the petitioner herein was insisting her that he would marry her. On account of said intimacy, it is alleged that he had committed sexual intercourse on her; later, he refused to marry her. 8. Be that as it may, on 08.10.2025, the daughter of the complainant had consumed poison; however, the complainant had not chosen to lodge a complaint immediately. There is an inordinate delay in lodging the complaint. Hence, it is appropriate to grant bail to the petitioner, as prayed for. 9. Hence, I proceed to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail, in the event of his arrest, in - 7 - HC-KAR NC: 2026:KHC:16002 CRL.P No. 811 of 2026 Crime No.502/2025 of respondent-police for the offences stated supra, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer. (iii) The petitioner shall appear before the Investigating Officer within a period of one month from today, to execute the personal bond and also to furnish surety. (iv) The petitioner shall co-operate with the investigation as and when required. (v) The petitioner shall appear before the Trial Court on all hearing dates without fail. 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 Bss List No.: 1 Sl No.: 23