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Karnataka High Court
Fayaz Khan vs State By Kolar Women P S on 12 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:8619
CRL.P No. 418 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 418 OF 2026
[(438(Cr.PC) / 482(BNSS)]
BETWEEN:
FAYAZ KHAN
S/O BASID KHAN,
AGED ABOUT 30 YEARS,
R/AT HARJENAHALLI VILLAGE, VEMGAL HOBLI,
KOLAR TALUK.
...PETITIONER
(BY SRI. SYED KHADER NAWAZ., ADVOCATE)
AND:
STATE BY KOLAR WOMEN P.S.
REP. BY LEARNED STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU.
Digitally signed by
LAKSHMINARAYANA
...RESPONDENT
MURTHY RAJASHRI
Location: HIGH (BY SRI. MOHD. AYUB ALI, ADDITIONAL SPP)
COURT OF
KARNATAKA
THIS CRL.P IS FILED UNDER SECTION 38 (FILED UNDER
SECTION 482 BNSS) CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL BY GRANTING ANTICIPATORY BAIL FOR
THE OFFENCE PUNISHABLE UNDER SECTIONS 69, 351(2) READ
WITH SECTION 3(5) OF BNS, 2023 IN CRIME NO.123/2025
PENDING BEFORE THE III ADDITIONAL CIVIL JUDGE AND
JMFC, KOLAR AND DIRECT THE KOLAR WOMEN POLICE TO
RELEASE HIM ON BAIL ON EXECUTING THE BOND IN THE
EVENT OF HIS ARREST.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-2-
NC: 2026:KHC:8619
CRL.P No. 418 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.1 under Section
482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant anticipatory bail in Crime No.123/2025 of Kolar
Women Police Station, registered for offences punishable
under Sections 69, 351(2) read with Section 3(5) of
Bharatiya Nyaya Sanhita, 2023.
2. Heard learned counsel for petitioner and
learned Additional State Public Prosecutor for respondent -
State.
3. Learned counsel for petitioner would contend
that, the petitioner and the victim lady were in love affair
since 2022. The petitioner and the victim lady are having
physical relationship and it is consensual. Both the
petitioner and the victim lady are matured and they
understand the consequences of their acts. The victim lady
travelled with the petitioner to different places on different
NC: 2026:KHC:8619
HC-KAR
dates. The alleged offences are not attracted. The
petitioner is ready to cooperate with the Investigating
Officer in investigation and abide by any conditions to be
imposed by this Court. The petitioner is not having any
criminal antecedents. With these, he prayed to allow the
petition.
4. Per contra, learned Additional State Public
Prosecutor for respondent would contend that, it is not in
dispute that the petitioner and the victim lady are in love
affair. The petitioner promising to marry the victim lady
induced her to have physical relation. Thereafter the
petitioner has refused to marry the victim lady and is
avoiding to marry the victim lady. Accused Nos.2 and 3
have threatened the victim lady to leave the relationship.
The petitioner is required for custodial interrogation. With
these, he prayed for dismissal of the petition.
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5. Having heard the learned counsels appearing
for parties, the Court has perused the FIR, complaint and
other materials placed on record.
6. On going through the averments of the
complaint indicates that, the victim lady is aged thirty two
(32) years and she has studied B.Ed. The victim lady and
the petitioner came in contact with each other and there
was a love affair between them. The petitioner is alleged
to had physical relationship with the victim lady under the
promise of marriage. It is alleged that the petitioner has
refused to marry the victim lady, therefore, the complaint
has been filed. Whether the petitioner has committed
offence alleged is a matter of investigation and trial. The
victim lady was aged thirty two (32) years. There are no
criminal antecedents of the petitioner. The offence alleged
against the petitioner is not punishable either with death
or imprisonment for life.
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7. Considering all the above aspects, the petitioner
has made out a case for grant of anticipatory bail with
conditions. In the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted anticipatory bail in Crime No.123/2025 of Kolar
Women Police Station and is ordered to be released on bail
in the event of his arrest, subject to following conditions:
i) The petitioner shall voluntarily appear
before the Investigating Officer within 15
days from this day and execute bail bond
for a sum of Rs.1,00,000/- (Rupees One
Lakh only) with one surety for the
like-sum to the satisfaction of the
Investigating Officer.
ii) The petitioner shall cooperate with the
Investigating Officer in investigation.
iii) The petitioner shall appear before the
Investigating Officer whenever called for.
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iv) The petitioner shall not directly or indirectly
make any inducement, threat or promise to
any person acquainted with the facts of the
case, so as to dissuade him from disclosing
such facts to the Court or to any Police
Officer or tamper with the evidence.
v) The petitioner shall appear before the
Investigating Officer on every Sunday
between 10:00 to 2:00 p.m. for a period of
one month or till filing of the final report,
whichever is earlier.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 34
