[Cites 6, Cited by 0]
Karnataka High Court
Sri Rafee Ahmed vs State Of Karnataka on 13 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:8993
CRL.P No. 17007 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17007 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
SRI. RAFEE AHMED
S/O RASHEED AHMED
AGED ABOUT 35 YEARS
R/AT NO.1076, EWS, 3RD CROSS
2ND STAGE, RAJIV NAGARA
MYSURU-570 019
...PETITIONER
(BY SRI. GAURAV SUBRAMANYAM, ADVOCATE)
AND:
STATE OF KARNATAKA
BY TUMAKURU WOMEN PS
REP. BY STATE PUBLIC PROSECUTOR
Digitally signed by HIGH COURT OF KARNATAKA
LAKSHMINARAYANA
MURTHY RAJASHRI BENGALURU-560 001
Location: HIGH
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI. HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C
(FILED UNDER SECTION 482 OF BNNS) PRAYING TO ENLARGE
THE PETITIONER ON ANTICIPATORY BAIL IN CC NO.418/2023
(CR NO.17/2023) OF THE RESPONDENT TUMAKURU WOMEN
POLICE STATION, TUMAKURU FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 498A, 323, 342, 504, 506, 34 OF IPC
PENDING ON THE FILE OF THE II ADDL.SENIOR CIVIL JUDGE
AND JMFC COURT AT TUMAKURU.
-2-
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CRL.P No. 17007 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.1 under Section 482 of
BNSS praying to grant anticipatory bail in C.C.No.418/2023
arising out of Crime No.17/2023 of Tumkur Woman Police
Station pending on the file of II Additional Senior Civil Judge
and JMFC, Tumkur registered for offences under Section 498A,
323, 342, 504, 506 read with Section 34 of IPC.
2. Heard learned counsel for the petitioner and learned
High Court Government Pleader for the respondent -State.
3. Learned counsel for the petitioner would contend
that the marriage of the petitioner with the complainant is love
cum arranged marriage. After marriage, the petitioner took his
wife -CW1 to Saudi and stayed there. The allegation against
the petitioner is that he harassed the C.W.1 in Saudi physically
and mentally. Now the investigation is over, charge sheet has
been filed and case has been registered against the petitioner
in C.C.No.418 of 2023. The petitioner could not appear in the
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said criminal case as he was in Saudi. Now the petitioner has
returned back to India and he undertakes to appear in the case
in the trial Court and abide by any conditions to be imposed by
this Court. The offences alleged against the petitioner are not
punishable either with death or imprisonment for life. There are
no criminal antecedents of the petitioner. With this, he prayed
to allow the petition.
4. Learned High Court Government Pleader for the
respondent -State would contend that in spite of issuance of
summons, the petitioner has not appeared in the case. The
petitioner is in Saudi. If the petitioner is granted bail, he will
not appear before the trial Court. In case of grant of bail, the
condition has to be imposed on the petitioner not to leave India
till disposal of the case registered against him. With this, he
prayed to reject the petition.
5. Having heard learned counsels, the Court has
perused the charge sheet and other materials placed on record.
6. The marriage of petitioner with C.W.1 had taken
place on 06.09.2018. Out of marriage they got child. The
petitioner after marriage took C.W.1 to Saudi. It is alleged that
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the petitioner has harassed C.W.1 physically and mentally and
also assaulted his child and sent C.W.1 and child to India as
they were suffering from illness. Now the charge sheet has
been filed and therefore, the petitioner is not required for
custodial interrogation. The allegation against the petitioner is
that inspite of issuance of summons he has not appeared in the
criminal case. It is submitted that the petitioner was earlier in
Saudi and therefore he could not appear in the said criminal
case. It is further submitted that now the petitioner has
returned to India and he is having intention to settle in India.
The offences alleged against the petitioner are punishable
either with death or imprisonment for life. As NBW has been
issued against the petitioner by trial Court apprehends his
arrest. There is no any issuance of proclamation against the
petitioner. Considering the above aspects, the petitioner has
made out case for grant of anticipatory bail with conditions.
7. In the result, the following
ORDER
I) The petition is allowed.
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HC-KAR
II) The petitioner -accused No.1 is ordered to be
released on bail in the event of his arrest in
C.C.No.418/2023 arising out of Crime No.17/2023
of Tumkur Woman Police Station pending on the file
of II Additional Senior Civil Judge and JMFC,
Tumkur, subject to following conditions:
a) The petitioner -accused No.1 shall voluntarily
appear before the trial Court within 15 days from
this day and execute a bail bond for a sum of
Rs.1,00,000/- with one surety for the likesum to
the satisfaction of the trial Court.
b) The petitioner -accused No.1 shall not tamper
the prosecution witnesses either directly or
indirectly.
c) The petitioner -accused No.1 shall attend the
trial Court on all dates of hearing unless
exempted and co-operate for speedy disposal of
the case.
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d) The petitioner -accused No.1 shall not leave the
territory of India till disposal of the case
registered against him without prior permission
of the trial Court.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 42
