- 1 - NC: 2025:KHC:16623 CRL.P No. 5520 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5520 OF 2025 BETWEEN: SUKESH PUTHRAN S/O VASUDEV SAPALIGA AGED ABOUT 29 YEARS R/AT "DURGA NILAYA" MELJADDU DARKAS MANE KUKKUNDOOR POST AND VILLAGE KARKALA TALUK, UDUPI DISTRICT. …PETITIONER (BY SRI VISHWAS, ADV., FOR SRI NISHITH KUMAR SHETTY, ADV.) AND: STATE OF KARNATAKA BY BY S.H.O., KAUP POLICE STATION UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 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 ON BAIL IN CRIME NO.33/2025 OF KAPU POLICE STATION PENDING ON THE FILE OF 2ND ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT, UDUPI DISTRICT, UDUPI REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 69 OF BNS, 2023. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16623 CRL.P No. 5520 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.33/2025 registered by Kapu Police Station, Udupi, for the offence punishable under Section 69 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.33/2025 was registered by Kapu Police Station, Udupi, for the aforesaid offence based on the first information dated 02.03.2025 received from the alleged victim lady aged about 28 years. During the course of investigation, petitioner herein was arrested on 13.03.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.116/2025 was rejected on 02.04.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that petitioner and the alleged victim lady aged about 28 years are - 3 - NC: 2025:KHC:16623 CRL.P No. 5520 of 2025 acquainted ever since the year 2018 and from the year 2019 onwards, it appears that they are in relationship. Allegation against the petitioner is that having promised to marry the victim lady, he had subsequently refused to marry her and now he is engaged to some other girl. From a reading of the averments made in the first information, it is apparent that petitioner and the victim lady had consensual relationship for a considerable period of nearly more than five years and it is only after the said relationship failed, the victim lady has approached the police making allegation that petitioner had promised to marry her and had sexual intercourse with her. Undisputedly, petitioner has no other criminal antecedents. He is in custody from 13.03.2025. Considering the nature of allegations found in the first information and also the period of relationship between the two parties, I am of the opinion that 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.33/2025 registered by Kapu Police - 4 - NC: 2025:KHC:16623 CRL.P No. 5520 of 2025 Station, Udupi, for the offence punishable under Section 69 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