- 1 - NC: 2025:KHC:6767 CRL.P No. 579 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 579 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: TUSHAR B JAIN @ TUSAR S/O BHARATH KUAR JAIN AGED ABOUT 31 YEARS R/AT NO. 9BY3, GROUND FLOOR, KAMALA SADAN, 3RD CROSS, NEAR POPULAR HOSPITAL, VTC BANGALORE SOUTH, BASAVANA GUDI, BANGALORE - 560 004. …PETITIONER (BY SRI. VINAY SHREYAS K.V., ADVOCATE AND SRI. PRAMODA GOWDA T.P., ADVOCATE) AND: THE STATE OF KARNATAKA SHANKARA PURAM POLICE REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHI, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6767 CRL.P No. 579 of 2025 THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO GRANT HIM ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.76/2024 DATED 03.12.2024, FOR THE ALLEGED OFFENCES P/U/S 115(2), 3(5), 318(2), 352, 69 OF THE BNS, 2023, PENDING ON THE FILE BEFORE XXXVII ACJM, BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. FIR in crime No.76/2024 of Shankarpura Police Station, Bengaluru City, is registered against the petitioner for offences punishable under Section 115 (2), 3(5), 318(2), 352 and 69 of BNS, 2023, on a complaint lodged by the victim. 3. The learned Sessions Judge vide order dated 07.01.2025 in Crl.Misc.No.11417/2024 has rejected the petition seeking anticipatory bail. Hence, the petitioner is before this Court. - 3 - NC: 2025:KHC:6767 CRL.P No. 579 of 2025 4. The gist of the complaint is that, the complainant/victim and the petitioner/accused No.1 are acquainted with each other for the past ten years. Initially, they were friends and later on they started loving each other. In the month of May 2024, petitioner called the complainant to his house and assured that he will marry her. Based on the said assurance, she indulged in physical relationship with the petitioner. On 03.06.2024 petitioner forced her to send intimate videos and photos. During the said month, he had sexual intercourse with her. On 15.11.2024, he forced her to go to his house and when she refused, he assaulted her. Accused Nos.2, 3 and 4, his relatives twisted her hands and abused her in filthy language. Further, the petitioner refused to marry her and also refused to return a sum of Rs.5 lakhs taken from her. 5. A careful perusal of the entire complaint would reveal that, the complainant and petitioner were known each other for the last ten years. The allegations are that, - 4 - NC: 2025:KHC:6767 CRL.P No. 579 of 2025 on the pretext of marriage, petitioner indulged in physical relationship with the complainant and later refused to marry her, abused and assaulted her and refused to return a sum of Rs.5 lakhs received from her and blackmailed her etc. 6. The learned High Court Government Pleader has submitted that the victim has refused to undergo medical examination. It is his contention that the consent given by the victim if any, is under misconception of fact. He contended, petitioner has threatened the victim and he is blackmailing her and therefore, if he is enlarged on bail, he may try to intimidate the victim and may not co- operate with the investigation of the case. 7. Learned counsel for the petitioner has contended that the entire allegations are false. He submitted that the petitioner is ready and willing to abide by any conditions and he will cooperate with the investigation. - 5 - NC: 2025:KHC:6767 CRL.P No. 579 of 2025 8. Learned Sessions Judge while rejecting the anticipatory bail petition has observed that, the statement of the victim under Section 183 of BNSS is not yet recorded and the medical examination is yet to be done. 9. As per complaint, the petitioner and the victim are known to each other for the past ten years. The allegation that under a false pretext of marriage, petitioner committed sexual intercourse with the victim and therefore, the consent given was under misconception of fact etc. is a matter which has to be established in due course. The victim has alleged that a sum of Rs.5 lakhs was given to the petitioner when they were friends. However, at this stage, there is no material to show that the said sum was given to the petitioner. Victim is aged about 31 years. Her statement under Section 183 of BNSS, 2023 is already recorded. She has refused to undergo medical examination. - 6 - NC: 2025:KHC:6767 CRL.P No. 579 of 2025 10. Considering the entire facts and circumstances, by imposing necessary conditions, the relief sought in the petition can be granted. Hence, the following: O R D E R Petition is allowed. Petitioner/accused No.1 in Crime No.76/2024 registered by Shankarpura Police Station, Bengaluru City, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. - 7 - NC: 2025:KHC:6767 CRL.P No. 579 of 2025 c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM List No.: 1 Sl No.: 27