- 1 - HC-KAR NC: 2025:KHC:20122 CRL.P No. 4904 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4904 OF 2025 BETWEEN: PEER PASHA @ ZAMEER, S/O GAIBAN KHAN, AGED ABOUT 28 YEARS, R/AT KADUMATTIKERE VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT – 572 130. …PETITIONER (BY SRI. RAVIKUMARA B R., ADVOCATE) AND: 1. STATE BY AMRUTHUR POLICE STATION, BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. GUL NAZ KHANUM, D/O GOUSE PHEER, AGED ABOUT 21 YEARS, R/AT SABARA PLAYA VILLAGE, MAGADI PALYA, YEDIYUR HOBLI, KUNIGAL TALUK – 572 132. …RESPONDENTS (BY SRI.RANGASWAMY R., HCGP FOR R1; R2 SERVED) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20122 CRL.P No. 4904 of 2025 THIS CRL.P. IS FILED U/S 438 OF CR.P.C., (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THIS PETITIONER IN CR.NO.27/2025 FOR THE ALLEGED OFENCES P/U/S.69 OF BNS ON THE FILE OF ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT, KUNIGAL, TUMKUR DISTRICT, BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN CR.NO.27/2025 FOR THE OFFENCE PUNISHABLE U/S.69 OF BNS. 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 sole accused in Crime No.27 of 2025 registered by Amruthur Police Station, Tumakuru District for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS 2023') is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'BNSS 2023') seeking anticipatory bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:20122 CRL.P No. 4904 of 2025 3. FIR in Crime No.27 of 2025 was registered by Amruthur Police Station, Tumakuru District for the aforesaid offences, based on the first information dated 19.02.2025 submitted by the victim girl, aged about 21 years. The petitioner had filed Crl.Misc.No.384 of 2025 before the Court of VI Additional District and Sessions Judge, Tumakuru and the said petition was rejected vide order dated 21.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner has reiterated the grounds urged in the petition and prays to allow the petition. 5. The learned HCGP has opposed bail petition. 6. Perusal of the first information goes to show that the petitioner is a relative of the victim girl and they got acquainted to each other about eight months prior to the registration of the FIR. According to the first informant, the petitioner had represented to her that he - 4 - HC-KAR NC: 2025:KHC:20122 CRL.P No. 4904 of 2025 was not married and he was in constant touch with her over mobile phone. The victim girl has stated that the petitioner has recently taken her to a lodge in Yeshwanthapura and had sexual intercourse with her and thereafter, had promised to marry her. Subsequently, he had refused to marry her and therefore, she had approached the jurisdictional police. Even in her statement recorded under Section 183 of BNSS 2023, the victim girl has reiterated the aforesaid allegations made by her against the petitioner. In her statement under Section 183 of BNSS 2023, she has further stated that subsequently she was informed by the petitioner that he is a married person having two children. In the first information itself, the victim girl has stated that the petitioner is her relative and therefore, it becomes difficult to believe that she did not know the marital status of the petitioner. Further, there is no allegation in the first information that the petitioner had sexual intercourse with her with a promise to marry her and on the other hand, - 5 - HC-KAR NC: 2025:KHC:20122 CRL.P No. 4904 of 2025 promised to marry only after petitioner had sex with the victim. 7. Undisputedly, petitioner has no other criminal antecedents. The petitioner has undertaken to co-operate with the police for the purpose of investigation. In the first information as well as in the statement of the victim girl recorded under Section 183 of BNSS 2023, she has not mentioned the date on which the petitioner allegedly had sexual intercourse with her nor has she mentioned the name of the lodge in which they had sexual intercourse. Considering the aforesaid aspects, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. 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 registered by Amruthur Police - 6 - HC-KAR NC: 2025:KHC:20122 CRL.P No. 4904 of 2025 Station, Tumakuru District, for the offence punishable under Section 69 of BNS, 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within fifteen days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the Investigating Officer; 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons; 3. Petitioner shall not tamper with the prosecution witness and 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 DH, List No.: 1 Sl No.: 48