- 1 - HC-KAR NC: 2025:KHC:20684 CRL.P No. 7307 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7307 OF 2025 BETWEEN: POORNANDA S/O CHINKARA AGED ABOUT 41 YEARS R/AT HEBBALGADDE KUNDUR VILLAGE - 577 122 MUDIGERE TALUK CHIKKAMAGALURU DISTRICT. …PETITIONER (BY SRI PRASAD B.S, ADV.) AND: 1. STATE OF KARNATAKA BY ALDURPOLICE STATION SHIVAMOGGA, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR.NO.34/2025 REGISTERED BY THE RESPONDENT NO.1 ALDUR POLICE STATION, PENDING IN THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC AT CHIKKAMAGALURU FOR THE OFFENCE P/U/S 376(2)(n), 417 OF IPC REGISTERED BY THE RESPONDENT THIRTHAHALLI POLICE STATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20684 CRL.P No. 7307 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.34/2025 registered by Aldur Police Station, Chikkamagaluru, for the offences punishable under Sections 376(2)(n) and 417 of IPC, is before this Court under Section 438 of Cr.P.C. seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.34/2025 was registered by Aldur Police Station, Chikkamagaluru, for the aforesaid offences against petitioner herein based on the first information dated 05.04.2025 received from victim lady aged about 29 years. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.168/2025 before the jurisdictional Sessions Court which was rejected on 02.05.2025. Therefore, he is before this Court. 4. A perusal of the averments made in the first information would go to show that victim lady aged about 29 years got acquainted with the petitioner about 8 years prior to registration of FIR in the present case. In the first information, - 3 - HC-KAR NC: 2025:KHC:20684 CRL.P No. 7307 of 2025 she has stated that petitioner had promised to marry her and her parents had refused to perform the marriage since she was still studying. She has stated that subsequently she and the petitioner started loving each other and he used to take her out along with him. She has stated that when she was studying in Mangaluru, he used to come to Mangaluru and take her out. He also had visited her when she was staying at Udyavara in Udupi Taluk. She has alleged that petitioner had sexual intercourse with her in the year 2021 and thereafter he was having sexual intercourse with her continuously with a promise to marry her. From a reading of the averments found in the first information, it is apparent that the parties were in a relationship for a considerable period of time and the said relationship appears to be consensual. First information is filed after the marriage engagement of the petitioner with another girl was performed. It appears that only after the relationship between the parties had failed, the present FIR has been registered against the petitioner. Petitioner has no other criminal antecedents and he has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail - 4 - HC-KAR NC: 2025:KHC:20684 CRL.P No. 7307 of 2025 needs to be answered affirmatively. Accordingly, the following order:- 5. 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.34/2025 registered by Aldur Police Station, Chikkamagaluru, for the offences punishable under Sections 376(2)(n) and 417 of IPC, 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/- 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. - 5 - HC-KAR NC: 2025:KHC:20684 CRL.P No. 7307 of 2025 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN