- 1 - NC: 2025:KHC:16915 CRL.P No. 5265 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5265 OF 2025 BETWEEN: MR. YOGEESH AGED ABOUT 39 YEARS S/O LATE POOCHA MESTHRI RESIDING AT MANNOR HOUSE NAINADU POST, IRATHUR VILLAGE BANTWALA, D.K.-574 211. …PETITIONER (BY SRI KIRAN RAO M, ADV., FOR SRI VIKRAM RAJ A, ADV.) AND: STATE OF KARNATAKA THROUGH VENOOR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIHA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.10/2025 OF VENOOR PS FOR THE OFFENCE PUNISHABLE UNDER SECTION 64, 351(2) OF BHARATHIYA NYAYA SANHITHA, 2023 PENDING ON THE FILE OF ADDL.CIVIL JUDGE AND JMFC COURT, BELTHANGADY, DAKSHINA KANNADA. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16915 CRL.P No. 5265 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 1. Accused in Crime No.10/2025 registered by Venoor Police Station, Dakshina Kannada, for the offences punishable under Sections 64 and 351(2) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.10/2025 was registered by Venoor Police Station, Dakshina Kannada, against the petitioner herein for the aforesaid offences based on the first information dated 09.02.2025 submitted by the victim lady aged about 35 years. During the course of investigation, petitioner herein was arrested on 10.02.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.181/2025 was rejected on 14.03.2025. Therefore, he is before this Court. 4. A perusal of the first information submitted by the victim lady dated 09.02.2025 would go to show that she is acquainted - 3 - NC: 2025:KHC:16915 CRL.P No. 5265 of 2025 to the petitioner herein and the allegation against the petitioner is that on 25.07.2024 when the victim lady was alone in her house, petitioner who came there allegedly had sexual intercourse with her against her wishes and threatened her with dire consequences in the event she informs about the incident to anybody. In respect of the alleged incident that had taken place on 25.07.2024, first information is belatedly submitted on 09.02.2025 and the material on record would go to show that as on the said date, victim lady was pregnant by six and half months. From the aforesaid, prima facie it appears that the relationship between the parties was consensual. Petitioner who has no other criminal antecedents is in custody from 10.02.2025. Major portion of the investigation in the case is already completed. Under the circumstances, I am of the view that without expressing any opinion on merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.10/2025 registered by Venoor Police Station, Dakshina Kannada, for the offences punishable - 4 - NC: 2025:KHC:16915 CRL.P No. 5265 of 2025 under Sections 64 and 351(2) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a 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; 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 DN