- 1 - NC: 2025:KHC:11401 CRL.P No. 2914 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2914 OF 2025 BETWEEN: AVINASH K.H S/O KENCHAPPA AGED ABOUT 32 YEARS R/AT SAPTHAGIRI NILAYA 4TH MAIN, 5TH CROSS SIDDESHWARANAGAR SHIVAMOGGA - 577 201. …PETITIONER (BY SRI SOMASHEKAR N, ADV.) AND: 1. STATE OF KARNATAKA BY INSPECTOR OF POLICE WOMEN POLICE STATION SHIKARIPURA, REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 01. 2. XXX …RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGED ON BAIL IN THEIR CRIME.NO.119/2024 IN SPL.C.NO.591/2025 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO), AT SHIVAMOGGA BY THE RESPONDENT INSPECTOR OF POLICE WOMEN POLICE STATION, SHIKARIPURA FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS UNDER SECTIONS 376(2)(n), 420, 354(A), 504, 323, 114 R/W 34 OF IPC. Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:11401 CRL.P No. 2914 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.119/2024 registered by Shivamogga Women Police Station, Shivamogga District for the offence punishable under Section 372(2)(n), 420, 354(A), 504, 323, 114 R/w 34 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.119/2024 was registered by Shivamogga Women Police Station, Shivamogga District for the aforesaid offences against the petitioner herein and 4 others, on the basis of first information dated 30.11.2024 received from the victim lady, aged about 32 years. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 30.11.2024. Investigation in the case is complete and charge sheet has been filed against five persons. The - 3 - NC: 2025:KHC:11401 CRL.P No. 2914 of 2025 petitioner herein is arraigned as accused No.1 in the charge sheet for the aforesaid offence. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.136/2025 was dismissed on 17.02.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that the victim lady is a divorcee and she has made false allegation against the petitioner for extraneous reason. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. 7. The allegation found in the first information as well as in charge sheet would go to show that the petitioner and the victim lady are acquainted to each other for the last 8 years and it appears that they were in relationship ever since then. The allegation against the petitioner by the victim lady, who is a divorcee is that the - 4 - NC: 2025:KHC:11401 CRL.P No. 2914 of 2025 petitioner had sex with her by promising to marry her and subsequently he had refused to marry her. 8. Investigation of the case is complete and charge sheet has been filed. Undisputedly, the petitioner has no criminal antecedents. Considering the fact that the petitioner and the victim lady were in a relationship for the last about 8 years, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.119/2024 registered by Shivamogga Women Police Station, Shivamogga District for the offence punishable under Section 372(2)(n), 420, 354(A), 504, 323, 114 R/w 34 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees - 5 - NC: 2025:KHC:11401 CRL.P No. 2914 of 2025 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; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS