- 1 - NC: 2025:KHC:18372 CRL.P No. 5652 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 5652 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: MR. BHAVISH KUMAR, S/O. RAGHAVA SALIAN, R/AT. 2-154(6), ASHRAYA COLONY, MOORUKATTA, KUMPALA, MANGALURU, D.K.,- 575022. AGED ABOUT. 26 YEARS. …PETITIONER (BY SRI. DHANANJAY KUMAR., ADVOCATE) AND: THE STATE OF KARNATAKA BY MANGALORE WOMEN POLICE STATION, REP. BY SPP HIGH COURT OF KARNATAKA, BANGALORE- 560001. …RESPONDENT (BY SMT.WAHEEDA.M.M., LEARNED HCGP FOR RESPONDENT) THIS CRL.P FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONERS ON BAIL IN CRIME NO.23/2025 REGISTERED BY THE MANGALORE WOMEN POLICE STATION, ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, D.K.MANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTION 69, 115(2), 352 AND 351(2) OF THE BHARATIYA NYAYA SANHITA, 2023 AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18372 CRL.P No. 5652 of 2025 ORAL ORDER This petition is filed by the accused seeking for regular bail in Crime No.23/2025, registered by the Mangalore Women Police Station for the offences punishable under Sections 69, 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the complainant is that on 29.01.2024, the petitioner stated to be acquainted with the complainant through instagram. The said friendship gradually became love and affection and he is stated to be insisted to marry the complainant. Both were decided to marry each other. In that pretext, on 13.03.2024, the accused/petitioner took her to hotel at Madikeri and stated to have committed sexual intercourse. Thereafter, again on several times, he is stated to have committed sexual intercourse on the pretext of marriage. However, he failed to marry her and assaulted her in one or the other pretext. Therefore, she lodged a complaint. 3. Based on the complaint, the respondent police have registered the case in Crime No.23/2025. Hence, the petitioner is before this court seeking regular bail. - 3 - NC: 2025:KHC:18372 CRL.P No. 5652 of 2025 4. Heard Sri.Dhananjay Kumar, learned counsel for the petitioner, and Smt.Waheeda.M.M., learned High Court Government Pleader for the respondent-State. 5. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of the alleged offences. There is no proof regarding commission of sexual intercourse upon the complainant. Mere making statement that she had been subjected to sexual assault, that may not be sufficient to hold that the petitioner is guilty of the offences as stated in the complaint. 6. It is further submitted that the petitioner is permanent resident of Moorukatta, Ashraya Colony, Mangalore, he will abide by the terms and conditions that may be imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 7. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and she further submitted that the provision under Section 69 of BNS, 2023, is clearly applicable to the case on hand. The petitioner has to prove that he had not committed any sexual intercourse on the - 4 - NC: 2025:KHC:18372 CRL.P No. 5652 of 2025 victim. The ingredients of the complaint is attracted against to the petitioner, which is serious in nature, bail cannot be granted at this stage as there is a chance of not only threat to the witness but also there is likelihood of tampering the witnesses. Making such submissions, she prays to dismiss the petition. 8. Having considered the rival submissions of the learned counsel for the respective parties and also perused the averments of the complaint and FIR, it appears from the record that the incident stated to have taken place 13.03.2024 to 25.02.2025, thereafter, she lodges the complaint on 12.03.2025. Though, she explained the delay in lodging the said complaint, that would be considered at the later stage. 9. Be that as it may, mere denying the marriage due to various reasons, that cannot be construed that he had intention to deceive the victim from the beginning. Be that as it may, on considering the facts and circumstance of the case, it is appropriate to grant bail by imposing suitable conditions. 10. Hence, I proceed to pass the following: - 5 - NC: 2025:KHC:18372 CRL.P No. 5652 of 2025 ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.23/2025 of the respondent – Police, pending on the file of IV Addl. District and Sessions Judge, at D.K., Mangalore, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. d) The Registry is directed to communicate this order to the Trial Court forthwith. - 6 - NC: 2025:KHC:18372 CRL.P No. 5652 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE SRK List No.: 1 Sl No.: 35