- 1 - NC: 2025:KHC:11008 CRL.P No. 3097 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3097 OF 2025 BETWEEN: MR. UMESH S/O SHANKARAPPA AGED ABOUT 34 EARS R/O CHANNAMUMBAPURA VILLAGE, NEAR AGRICULTURAL COLLEGE SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT - 577 201. …PETITIONER (BY SRI K.V. SATEESHCHANDRA, ADV.) AND: STATE OF KARNATAKA STATE OF KARNATAKA B INSPECTOR OF POLICE VINOBANAGAR POLICE STATION SHIVAMOGGA - 577 201 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS CRL.P AND ENLARGE THE PETITIONER ON BAIL IN CR.NO.34/2025 OF VINOBANAGARA P.S., FOR THE OFFENCES P/U/S 64,77,318(2),351(3) AND 352 OF THE BNS, 2023, PENDING ON THE FILE OF 3rd ADDL. JMFC COURT, AT SHIVAMOGGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:11008 CRL.P No. 3097 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.34/2025 registered by Vinobanagara Police Station, Shivamogga District, for the offences punishable under Sections 64, 77, 318(2), 351(3), 352 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.34/2025 was registered by Vinobanagara Police Station, Shivamogga District, against the petitioner herein for the aforesaid offences based on the first information dated 08.02.2025 received from the victim lady aged about 27 years. During the course of investigation, petitioner herein was arrested on 09.02.2025 and subsequently remanded to judicial custody. Bail application filed by him before the jurisdictional Sessions Court in Crl. Misc. No.151/2025 was rejected on 24.02.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that FIR in Crime No.16/2025 was registered by Shivamogga Women Police Station, Shivamogga, against Ravi and others. - 3 - NC: 2025:KHC:11008 CRL.P No. 3097 of 2025 The first informant in the present case is accused no.7 in the said case and her husband Ravi is accused no.1 in Crime No.16/2025. The first informant in Crime No.16/2025 is the elder sister of the petitioner herein. Allegation in Crime No.16/2025 is that in view of the relationship between Sheela and the petitioner herein, the accused persons named in the FIR who were demanding money, had gathered near the house of the first informant and assaulted her and her family members. 5. In the present case, allegation is made by Sheela against the petitioner herein that he had forcibly entered into her house when she was alone and had sexual intercourse with her against her wishes and after recording the same in his mobile phone, he was allegedly blackmailing her. Much prior to the registration of FIR in the present case based on the first information submitted by the sister of the petitioner herein, FIR in Crime No.16/2025 was registered against Sheela and her husband. 6. From a perusal of the averments found in the FIR in Crime No.16/2025 registered by the sister of the petitioner - 4 - NC: 2025:KHC:11008 CRL.P No. 3097 of 2025 herein and FIR in Crime No.34/2025 registered by Sheela, it appears that petitioner had relationship with the victim lady who is married to accused no.1 in Crime No.16/2025 and it is in this background, there has been a dispute between the members of two families which has resulted in registering Crime No.16/2025 & Crime No.34/2025. Considering the nature of allegations found in the first information in the present case and also in Crime No.16/2025, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.34/2025 registered by Vinobanagara Police Station, Shivamogga District, for the offences punishable under Sections 64, 77, 318(2), 351(3), 352 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 - 5 - NC: 2025:KHC:11008 CRL.P No. 3097 of 2025 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; e) 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 KK