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2025 DAILYLAW 22052 (KAR)

NAGARAJA v. THE STATE OF KARNATAKA

CRL.P/4596/2025 · 2025-04-15

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:15819 CRL.P No. 4596 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4596 OF 2025 BETWEEN: NAGARAJA S/O NARASIMHA @ NULU NARASIMHULU AGED ABOUT 27 YEARS RESIDING AT NO.1-88 ELAKAPALLI RAMASAMUDRAM CHEMBAKUR, CHITTOOR ANDHRA PRADESH - 517 417. …PETITIONER (BY SRI C.H. RAMACHANDRA REDDY, ADV.) AND: THE STATE OF KARNATAKA BY MICO LAYOUT POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.465/2024 REGISTERED BY RESPONDENT MICO LAYOUT POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 69, 351(2), 351(3), 352 OF BNS 2023, PENDING ON THE FILE OF THE LEARNED CHIEF JUDICIAL MAGISTRATE AT BANGALORE. THIS PETITION, COMING ON FOR ORDEERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15819 CRL.P No. 4596 of 2025 ORAL ORDER Accused No.1 in Crime No.465/2024 registered by Mico Layout Police Station, Bengaluru City, for the offences punishable under Sections 69, 351(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 appearing for the parties. 3. FIR in Crime No.465/2024 was registered by Mico Layout Police Station, Bengaluru City for the aforesaid offences against the petitioner and his parents, on the basis of first information dated 19.12.2024 received from the victim girl aged about 19 years. During the course of investigation, the petitioner herein was arrested and remanded to judicial custody on 04.02.2025. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.1751/2025 was dismissed on 15.03.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:15819 CRL.P No. 4596 of 2025 5. Perusal of the material on record would go to show that the petitioner and the victim girl were acquainted to each other and in the first information it is alleged that, about 7 months prior to registration of FIR, the petitioner had proposed to the victim girl and thereafter they were in love. It is further alleged in the first information that with a promise to marry the victim girl, the petitioner had sexual intercourse with her. Subsequently, the victim girl came to know that the petitioner's marriage with another girl was performed on 15.12.2024 and it is under this circumstance, on 19.12.2024 she had approached the police. 6. The petitioner aged 27 years who admittedly has got married to another girl on 05.12.2024 is in custody from 04.02.2025. Major portion of the investigation is already completed. It appears that, the petitioner and the victim girl were in love and they were in a relationship and according to the victim girl, the petitioner allegedly had sexual intercourse with her with a - 4 - NC: 2025:KHC:15819 CRL.P No. 4596 of 2025 promise to marry her. First information was submitted in the present case after the petitioner's marriage was performed with another girl on 05.12.2024. Under these circumstances, without expressing any opinion on merits/demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.465/2024 registered by Mico Layout Police Station, Bengaluru City, for the offences punishable under Sections 69, 351(2), 351(3), 352 of BNS, 2023 subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - NC: 2025:KHC:15819 CRL.P No. 4596 of 2025 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