- 1 - NC: 2025:KHC:10025 CRL.P No. 2137 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2137 OF 2025 BETWEEN: RAVI D S S/O SHIVAIAH AGE ABOUT 32 YEARS R/AT DUMGERE, MUGUTHIHALLI AMBALE HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 133. …PETITIONER (BY SMT. NEERAJA KARANTH, ADV.) AND: THE STATE OF KARNATAKA BY RURAL POLICE STATION CHIKKAMAGALURU, REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER GRANTING ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.NO.381/2024 OF THE CHIKKAMAGALURU RURAL POLICE STATION (CURRENTLY ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU) FOR THE OFFENCE P/U/S 126(2), 352, 115(2), 109, 64(2)(m), 81 OF THE BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10025 CRL.P No. 2137 of 2025 ORAL ORDER Accused in Crime No.381/2024 registered by Chikkamagalur Rural Police Station, Chikkamagaluru District for the offences punishable under Sections 126(2), 352, 115(2), 109, 64(2)(m) & 81 of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.381/2024 was registered by Chikkamagalur Rural Police Station, Chikkamagaluru District for the aforesaid offences against the petitioner herein based on the first information dated 19.12.2024 received from victim lady, aged about 30 years. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.6/2025 before the jurisdictional Sessions Court, which was rejected on 03.02.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:10025 CRL.P No. 2137 of 2025 4. Perusal of the material on record would go to show that, prior to the alleged victim lady approaching the police in the present case on 19.12.2024, she had submitted a first information before the very same Police Station on 26.11.2024. In the first information that was filed on 26.11.2024 she has stated that she and the petitioner were in love for the last more than two years and her engagement ceremony was cancelled in view of her relationship with the petitioner. For the last about 3-4 months, the petitioner has been refusing to marry her for the reason that his mother is not consenting for their marriage and it is in this background, she had approached the police with a request to summon the petitioner and advise him. It appears that the police had summoned both the parties and had advised them and accordingly an endorsement was also issued thereafter. 5. An allegation is now made that on 02.07.2024, the petitioner had taken the victim lady in a car to his house and thereafter he had forcible sexual intercourse - 4 - NC: 2025:KHC:10025 CRL.P No. 2137 of 2025 with her against her wishes. Such an allegation was not found in the earlier first information that was submitted on 26.11.2024. Further allegation is now made that on 18.12.2024, the petitioner had allegedly caught hold of the neck of the victim and had tried to throttle her neck and kill her. 6. It appears that the parties were in a consensual relationship and it is only after difference of opinion arose between them, the first informant had approached the police and filed two separate cases. Since the allegation found in the present case is not found in the first information, which was submitted by the victim lady earlier, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. 7. Accordingly, the following: ORDER The Criminal Petition is allowed. - 5 - NC: 2025:KHC:10025 CRL.P No. 2137 of 2025 The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.381/2024 registered by Chikkamagalur Rural Police Station, Chikkamagaluru District for the offences punishable under Sections 126(2), 352, 115(2), 109, 64(2)(m) & 81 of BNS, 2023 subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate - 6 - NC: 2025:KHC:10025 CRL.P No. 2137 of 2025 with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS