- 1 - NC: 2025:KHC:10719 CRL.P No. 2629 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2629 OF 2025 BETWEEN: ANIL KUMAR S/O LATE LAKSHMINARAYAN AGED ABOUT 30 YEARS RESIDING AT NO.18, 2ND CROSS BHOVI COLONY, RMV 2ND STAGE NAGASHETTYHALLI, BANGALORE - 560 094 NATIVE AT NO1-54, KURLA KUNTA VILLAGE DEMAKATAPALLI POST, CHILLAMATTUR MANDALA, HINDUPURA TALUK SRI SATYA SAI DISTRICT ANDRA PRADESH - 515 202. …PETITIONER (BY SRI YABESH M, ADV.) AND: STATE OF KARNATAKA KODIGEHALLI POLICE (REPRESENTED BY THE STATE PROSECUTOR) HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER AND DIRECT THE CONCERN JAIL AUTHORITY TO RELEASE THE PETITIONER IN CONNECTION WITH THE CR.NO.0409/2024 OF KODIGEHALL POLICE STATION, FOR THE OFFENCES P/U/S 64(2)(M), 351(2) OF BNS 2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - NC: 2025:KHC:10719 CRL.P No. 2629 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.409/2024 registered by Kodigehally Police Station, Bengaluru for the offence punishable under Sections 64(2)(M), 351(2) of BNS,2023 is before this Court under Section 483 of BNSS, 2023. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.409/2024 was registered by Kodigehally Police Station, Bengaluru City against the petitioner for the aforesaid offences, on the basis of first information dated 19.10.2024 received from the victim lady, aged about 22 years. During the course of investigation, the petitioner was arrested on 22.10.2024 and subsequently remanded to judicial custody. Investigation of the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences. 4. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.542/2025 was dismissed on 07.02.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:10719 CRL.P No. 2629 of 2025 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 6. Per contra, learned HCGP has opposed the petition. 7. Perusal of the material on record would go to show that, the first informant who is a lady aged about 22 years was acquainted with the petitioner and in the first information she has sated that she was in love with him. The allegation against the petitioner is that on 16.10.2024 he had taken her to his house and had forcible sexual intercourse with her against her wishes with a promise to marry her. Subsequently, he has repeated the act and thereafter it is alleged that the petitioner has refused to marry her and his contact is not available to the victim lady. Under these circumstances, she had approached the police. 8. From reading of the first information it is apparent that the petitioner and the victim lady were acquainted to each other and they were in love. Investigation of the case is complete and charge sheet has been filed. The petitioner who has no other criminal antecedents is in custody from - 4 - NC: 2025:KHC:10719 CRL.P No. 2629 of 2025 22.10.2024. The allegation against the petitioner in the charge sheet is required to be proved in a full-fledged trial. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 9. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.409/2024 registered by Kodigehally Police Station, Bengaluru for the offence punishable under Sections 64(2)(m), 351(2) of BNS,2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 5 - NC: 2025:KHC:10719 CRL.P No. 2629 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS