- 1 - HC-KAR NC: 2025:KHC:23095 CRL.P No. 8266 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8266 OF 2025 BETWEEN: SRI RAJA NAIK S/O SHEKARA NAIK AGED ABOUT 30 YEARS RESIDING AT NEAR SEVALAL TEMPLE, MAVALLI TANDA SHIKARIPURA TALUK SHIVAMOGGA DISTRICT - 577 427. …PETITIONER (BY SRI RAVINDRANATH K, ADV.) AND: THE STATE OF KARNATAKA SHIVAMOGGA RURAL P.S REP. BY STATE PUBLIC PROSECUTOR BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGING THE PETITIONER ON ANTICIPATORY BAIL, IN THE EVENT OF THEIR APPREHENSION OF ARREST BY THE RESPONDENT SHIVAMOGGA RURAL P.S. POLICE, IN THE COMPLAINT FILED BY THE COMPLAINANT IN CRIME NO.144/2025 ON THE BASIS OF THE COMPLAINT GIVEN BY THE COMPLAINANT AND REGISTERING THE CASE BY THE RESPONDENT POLICE ON THE FOFENCE P/U/S. 376(2) (n), 323, 420 OF IPC, AND PENDING BEFORE 3RD JMFC COURT, SHIVAMOGGA. 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:23095 CRL.P No. 8266 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.144/2025 registered by Shivamogga Rural Police Station, Shivamogga, for the offences punishable under Sections 376(2)(n), 323, 420 of IPC, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.144/2025 was registered by Shivamogga Rural Police Station, Shivamogga, against the petitioner herein for the aforesaid offences based on the first information dated 25.05.2025 received from the victim aged about 29 years. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.219/2025 before the jurisdictional Sessions Court, which was rejected on 04.06.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that petitioner and the victim lady are known to each other for the last about nine years. In the first information itself, it is alleged that they were loving each other. In the month of February 2022, petitioner allegedly took the victim lady along with him - 3 - HC-KAR NC: 2025:KHC:23095 CRL.P No. 8266 of 2025 and had sexual intercourse with her. Thereafter, number of times petitioner had allegedly taken the victim lady and had sexual intercourse with her with a promise to marry her. It appears that subsequently their relationship had failed. It is only after the petitioner refused to marry the victim lady who was in relationship with him for a considerable period of time, she has approached the police alleging that petitioner had sexually assaulted her. 5. Considering the nature of allegations found in the first information and also the fact that petitioner and the victim lady were in relationship for a considerable period of time, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 6. 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.144/2025 registered by Shivamogga Rural Police Station, Shivamogga, for the offences punishable under Sections 376(2)(n), 323, 420 of IPC, subject to the following conditions: - 4 - HC-KAR NC: 2025:KHC:23095 CRL.P No. 8266 of 2025 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. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK