- 1 - NC: 2025:KHC:13236 CRL.P No. 3806 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3806 OF 2025 BETWEEN: MARANNA S/O SRINIVASA, AGED ABOUT 28 YEARS, OCCUPATION: TEACHER IN PRIVATE SCHOOL, R/O BANGARAKKANAGUDDA VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT - 577528. (PETITIONER IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. G.J.SUNKAPUR., ADVOCATE) AND: THE STATE BY JAGALURU POLICE STATION, DAVANAGERE DISTRICT, REPT. BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.28/2025 OF JAGALUR POLICE STATION, DAVANAGERE FOR THE OFFENCES UNDER SECTIONS 64, 329(4), 351(3), 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS) 2023 AND U/S 66(E) OF INFORMATION TECHNOLOGY ACT, 2008, PENDING ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT JAGALUR, DAVANAGERE, BY ALLOWING THIS PETITION. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:13236 CRL.P No. 3806 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.28/2025 registered by Jagalur Police Station, Davanagere for offences punishable under Section 64, 329(4), 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Section 66E of Information Technology Act, 2008 (for short, 'IT Act'), is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.28/2025 was registered by Jagalur Police Station, Davanagere against the petitioner and another for the aforesaid offences on the basis of the first information dated 02.02.2025 received from victim girl aged about 19 years. 4. During the course of investigation of the case, petitioner was arrested on 02.02.2025 and subsequently, remanded to judicial custody. Bail application filed by the - 3 - NC: 2025:KHC:13236 CRL.P No. 3806 of 2025 petitioner in Crl.Misc.No.195/2025 before the Jurisdictional Sessions Court which was rejected on 03.03.2025. Therefore, the petitioner is before this Court. 5. Perusal of the averments found in the first information would go to show that, accused Nos. 1 and 2 are known to the first informant. She has stated that on 11.01.2025, when she was alone, accused Nos. 1 and 2 forcibly entered into her house and thereafter, threatened her with dire consequence if she does not co-operate with them for sexual favour. They also asked her to remove her cloths and accused No.2 started recording her video in his mobile phone while she removed her cloths and accused No.1 allegedly inserted his finger into her private parts and thereafter, they ran away from the spot. She has stated that subsequently the video had reached her uncle and thereafter, she had approached the police. Accused No.2 has been granted regular bail by the Jurisdictional Sessions Court in Crl.Misc.No.215/2025 disposed of on 11.03.2025. Petitioner who has no criminal antecedents is in custody from 02.02.2025. Investigation of the case is completed and the charge sheet is filed. Considering the aforesaid aspects of the matter and the nature of the - 4 - NC: 2025:KHC:13236 CRL.P No. 3806 of 2025 allegations found in the first information, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.28/2025 registered by Jagalur Police Station, Davanagere for offences punishable under Section 64, 329(4), 351(3) read with Section 3(5) of BNS and Section 66E of IT Act, 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 Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 5 - NC: 2025:KHC:13236 CRL.P No. 3806 of 2025 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 SPV List No.: 1 Sl No.: 67