- 1 - NC: 2025:KHC:13074 CRL.P No. 3031 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3031 OF 2025 BETWEEN: BHARATH KUMAR @ BHARATH @ MOON AGED ABOUT 33 YEARS S/O BALDEV KUMAR RESIDING AT NO.23 402, 2ND CROSS CHALLIKERE HENNUR BENGALURU - 560 043. …PETITIONER (BY SRI SHEETAL SONI, ADV.) AND: 1. THE STATE OF KARNATAKA BY BANASWADI POLICE STATION BANGALORE, REP. BY SPP HIGH COURT BUILDING B'ORE - 01. 2. XXX …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO PASS AN ORDER DIRECTIONG THE COURT OF THE LIII ADDL. CITY CIVIL JUDGE AND SESSIONS AND SPECIAL JUDGE, AT BANGALORE, TO RELEASE THE PETITIONER ON BAIL IN CR.NO.44/2025 OF BANASWADI P.S., FOR THE OFFENCES P/U/S 64(2)(i),87 OF 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:13074 CRL.P No. 3031 of 2025 ORAL ORDER Accused in Crime No.105/2025 registered by Hennur Police Station, Bengaluru City for the offences punishable under Sections 64(2)(i) & 87 of BNS, 2023 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.44/2025 was registered by Banaswadi Police Station, Bengaluru City against the petitioner herein for the aforesaid offences, on the basis of first information dated 22.01.2025 received from the victim lady, aged about 22 years. During the course of investigation, the petitioner was arrested and produced before the jurisdictional Court on 22.01.2025 and remanded to judicial custody. 5. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.931/2025 was - 3 - NC: 2025:KHC:13074 CRL.P No. 3031 of 2025 dismissed on 10.02.2025. Therefore, he is before this Court. 6. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 7. Per contra, learned HCGP for respondent No.1 has opposed the petition. 8. Perusal of the material on record would go to show that, the victim lady and the petitioner are acquainted to each other and they were working together in a shop known as 'Mall of Asia'. In the first information, it is alleged that on 18.01.2025 she had gone out with the petitioner to "Resto bar" to have drink and ordered whisky and it is alleged that after consuming the drink, the victim lady loss consciousness and when she gained consciousness she came to know that she had no dress on her and felt pain in her private part and it is alleged that thereafter petitioner had dropped her to her house and next date she had informed her parents about the alleged - 4 - NC: 2025:KHC:13074 CRL.P No. 3031 of 2025 incident and approached the police. Investigation in the present case is completed and charge sheet is already filed. 9. The petitioner and the victim lady, who is a major are acquainted to each other and they had together gone to the Resto bar to consume whisky. The allegation found in the charge sheet against the petitioner is required to be proved in a full-fledged trial. Undisputedly, the petitioner has no criminal antecedents and he is in custody from 22.01.2025. 10. The medical report of the victim lady shows that there were no recent evidence suggestive to vaginal / anal intercourse. However, it is stated that evidence of sexual violence, cannot be ruled out. 11. Considering the aforesaid aspects of the matter, I am of the opinion that without expressing any opinion on merits/demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. - 5 - NC: 2025:KHC:13074 CRL.P No. 3031 of 2025 12. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.105/2025 registered by Hennur Police Station, Bengaluru City for the offences punishable under Sections 64(2)(i) & 87 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - NC: 2025:KHC:13074 CRL.P No. 3031 of 2025 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