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2025 DAILYLAW 20380 (KAR)

SRI SANKETH KUMAR @ CHETHAN v. THE STATE OF KARNATAKA

CRL.P/3788/2025 · 2025-03-24

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:12334 CRL.P No. 3788 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3788 OF 2025 BETWEEN: 1. SRI SANKETH KUMAR @ CHETHAN S/O SRI SIDDARAJU AGED ABOUT 31 YEARS. 2. SMT. *SUKANYA W/O SRI SIDDARAJU AGED ABOUT 50 YEARS. BOTH RESIDING AT, NO.17/3 3RD CROSS, HOSAHALLI VIJAYANAGAR, BENGALURU - 560 040. …PETITIONERS (BY SRI NISHANTH S.K, ADV.) AND: THE STATE OF KARNATAKA BY RAMANAGARA WOMEN'S POLICE STATION, REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA 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 RELEASE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.0016/2025 REGISTERED BY THE RESPONDENT RAMANAGAR WOMEN POLICE FOR THE OFFENCE P/U/S 115(2), 318(2), 64, 352 AND 351(2) OF BNS, PENDING ON THE FILE OF THE HONBLE PRL. CIVIL JUDGE (SR.DN.) AND CJM, RAMANGARA DISTRICT. *Corrected Vide Court Order Dtd.26.04.2025 Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12334 CRL.P No. 3788 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 The petitioners who are apprehending arrest in Crime No.16/2025 registered by Ramanagara Women Police Station, Ramanagara District, for the offences punishable Sections 115(2), 318(2), 351(2), 352 & 64 of BNS, 2023, are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.16/2025 was registered by Ramanagara Women Police Station, Ramanagara District for the aforesaid offences against the petitioners herein on the basis of first information dated 05.02.2025 received from the victim lady, aged about 27 years. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.155/2025 before the jurisdictional Sessions Court, which was rejected on 03.03.2025. Therefore, they are before this Court. - 3 - NC: 2025:KHC:12334 CRL.P No. 3788 of 2025 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition prays to allow the petition. 5. Per contra, the learned HCGP has opposed the bail application. 6. Perusal of the FIR in the present case would go to show that, the victim was married to one Mahesh in the year 2015 and the said marriage was dissolved under a decree of mutual consent in the year 2023. Perusal of the averments found in the first information would go to show that, the petitioner No.1 and the victim got acquainted to each other in the month of March, 2023 and the victim lady has stated that thereafter they started loving each other. She has also stated that she had gone with the petitioner no.1 to various places and with promise to marry her, he had sex with her and subsequently he had refused to marry her and he has been evaded her. Petitioner No.2 is the mother of petitioner No.1. - 4 - NC: 2025:KHC:12334 CRL.P No. 3788 of 2025 7. The petitioner No.1 and the victim are acquainted to each other for the last nearly about two years and it appears that they had consensual sexual relationship and only after their relationship got strained, the victim has approached the police. Considering the nature of allegations found in the first information and also considering the fact that the victim lady had a relationship with the petitioner No.1 for nearly a period of more than 18 months, I am of the opinion that the prayer of the petitioners for grant of anticipatory bail can be granted. 8. Accordingly, the following: ORDER The Criminal Petition is allowed. 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.16/2025 registered by Ramanagara Women Police Station, Ramanagara District, for the offences punishable Sections 115(2), 318(2), - 5 - NC: 2025:KHC:12334 CRL.P No. 3788 of 2025 351(2), 352 & 64 of BNS, 2023, subject to the following conditions: 1. The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the investigating officer. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co- operate with the Police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. In view of disposal of the petition, I.A.No.1/2025 does not survive for consideration. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS