Fayaz Khan vs State By Kolar Women P.S.

Shivashankar Amarannavar, J

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.

Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State.

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 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.

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.

Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record.

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.

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.

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.