Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16718 CRL.P No. 5498 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5498 OF 2025 BETWEEN:
MR. ROBERT JACKSON J.S SON OF SAMUAEL, AGED ABOUT 29 YEARS, RESIDENT OF NO.201, 3RD CROSS, 9TH MAIN ROAD, SRIRAMPURAM, BENGALURU - 560 021. …PETITIONER (BY SRI. SHANKAR H.S., ADVOCATE) AND:
STATE OF KARNATAKA BY J.C. NAGAR POLICE STATION, REP. BY: STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.29/2025 OF J.C. NAGAR P.S FOR THE ALLEGED OFFENCE P/U/S 318(2), 69 OF BNS 2023 PENDING ON THE FILE OF 8TH ADDL.CMM COURT BENGALURU.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
Digitally signed by SWAPNA V Location: High Court of Karnataka
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NC: 2025:KHC:16718 CRL.P No. 5498 of 2025
ORAL ORDER Accused in Crime No.29/2025 registered by J.C.Nagar Police Station, Bangalore, for the offences punishable under Sections 318(2) and 69 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail. 2. Heard. 3. FIR in Crime No.29/2025 was registered by J.C.Nagar Police Station, Bangalore for the aforesaid offences against the petitioner herein on the basis of the first information dated 02.03.2025 received from the victim girl aged 23 years. Apprehending arrest in the said case, petitioner had filed Crl.Mis.No.2452/2025 before the Jurisdictional Sessions Court which was rejected on 28.03.2025. Therefore, the petitioner is before this Court. 4. Perusal of the material on record would go to show that the victim girl got acquainted with the petitioner in the month of December 2018. It appears that thereafter, they started to like each other. In the first information it is also
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NC: 2025:KHC:16718 CRL.P No. 5498 of 2025
stated that marriage engagement ceremony of the victim girl with the petitioner was performed by the family members of both the parties on 12.02.2024 in Mannath Choultry at RT Nagar, Bangalore. 5. The allegation against the petitioner is that thereafter on 16.08.2024, he had taken the victim girl along with him to a hotel room and had sexual intercourse with her against her wishes, with a promise to marry her. Subsequently, petitioner allegedly started ignoring the victim girl and he allegedly has switched off his mobile phone and vacated his house along with his family members and his whereabouts are not known to the victim girl. It is under these circumstances, she has approached the police. 6. From a reading of the first information it is apparent and the petitioner and the victim girl had a relationship for a considerable period of time from the year 2018 onwards. Undisputedly, the marriage engagement ceremony of the petitioner with the victim girl was also performed by their relatives on 12.02.2024. It appears that thereafter, the relationship between the parties got strained for certain
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NC: 2025:KHC:16718 CRL.P No. 5498 of 2025
reasons.
The allegations now made against the petitioner is that with a promise to marry the victim girl, he had sexual intercourse with her, after his engagement ceremony was performed with her. 7. Considering the nature of allegations found in the first information and also the considerable period of their relationship, I am of the opinion that the prayer made by the petitioner, who has no other criminal antecedent for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:-
ORDER
The 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.29/2025 registered by J.C.Nagar Police Station, Bangalore, for the offences punishable under Sections 318(2), 69 of the BNS, 2023, subject to the following conditions:
1. The Petitioner shall appear before the Investigating Officer within 15 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/-
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NC: 2025:KHC:16718 CRL.P No. 5498 of 2025
with two sureties for the likesum 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 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
BH List No.: 1 Sl No.: 61