- 1 - NC: 2025:KHC:14489 CRL.P No. 4398 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4398 OF 2025 BETWEEN: SMT. USHA W/O SAVAN AGED ABOUT 35 EYARS R/AT NO. H.M.R. GAAXY P.G. BEHIND GLOBAL VILALGE MYLASANDRA BANGALORE - 560 060. …PETITIONER (BY SRI MOHANKUMAR M.C, ADV.) AND: STATE OF KARNATAKA STATE BY KENGERI P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 056. …RESPONDENT (BY SRI NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (482 OF BNSS) PRAYING TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST BY THE KENGERI POLICE BENGALURU IN CRIME NO.61/2025 PENDING BEFORE 6TH ADDL. METROPOLITAN MAGISTRATE COURT AT BANGALORE. ALLEGED OFFENCES P/U/S.3(5), 351(2), 352 AND 64 OF BNS OF THE SAID POLICE STATION BY ACCEPTING SURETY OR ON ANY CONDITION THAT THIS HONBLE COURT MAY BE PLEASED TO IMPOSE TO THE SATISFACTION OF THIS HON'BLE COURT. 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:14489 CRL.P No. 4398 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in Crime No.61/2025 registered by Kengeri Police Station, Bengaluru City for the offences punishable under Sections 351(2), 352, 64 R/w 3(5) of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.61/2025 was registered by Kengeri Police Station, Bengaluru City for the aforesaid offences against one Perumal and others on the basis of first information dated 06.02.2025 received from the victim lady, aged about 46 years. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.1645/2025 before the jurisdictional Sessions Court, which was rejected on 04.03.2025. Therefore, she is before this Court. - 3 - NC: 2025:KHC:14489 CRL.P No. 4398 of 2025 4. Learned counsel for the petitioner submits that accused No.1 has been already arrested and he is in judicial custody. The only allegation against the petitioner, who is a lady is that she had threatened the victim lady not to reveal the act committed by accused No.1 to anybody. The petitioner is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the bail petition. 6. Perusal of the averments made in the first information submitted on 06.02.2025 by the victim lady aged about 46 years would go to show that accused No.1 was running a women's paying guest accommodation and the victim lady allegedly was a inmate there and she has alleged that accused No.1 had taken her to isolated place and had forced her to consume alcohol and thereafter committed sexual assault on her against her wishes and he also had recorded her obscene photos and videos and - 4 - NC: 2025:KHC:14489 CRL.P No. 4398 of 2025 was threatening her thereafter. The petitioner is said to be working as a warden in the paying guest accommodation of accused No.1. 7. The allegation against the petitioner is that she had threatened the victim girl not to reveal the act committed by accused No.1. Considering the nature of allegation found in the first information against the petitioner, who is a married lady, aged about 35 years, her prayer for grant of anticipatory bail is required to be answered affirmatively. 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.61/2025 registered by Kengeri Police Station, Bengaluru City for the offences punishable under Sections 351(2), 352, 64 R/w 3(5) of BNS, 2023 subject to the following conditions: - 5 - NC: 2025:KHC:14489 CRL.P No. 4398 of 2025 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS