- 1 - HC-KAR NC: 2025:KHC:24576 CRL.P No. 8423 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.8423 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: SRI. WALTER D’SOUZA @ SANTHOSH G. S/O LADIN D'SOUZA, AGED ABOUT 39 YEARS, R/AT NO.2-129, ANGARAKUMERU HOUSE MANILA VILLAGE MARUVA POST, BANTWAL TALUK, DAKSHINA KANNADA – 574 243 …PETITIONER (BY SRI. HALEEMA AMEEN, ADVOCATE) AND: STATE BY WEST WOMEN POLICE STATION BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU – 560 001. …RESPONDENT (BY SRI. B.N. JAGADEESHA, ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.53/2025 REGISTERED BY THE WEST WOMEN POLICE STATION BANGALORE CITY FOR THE OFFENCES PUNISHABLE UNDER SECTION 69, 351(2) OF THE BNS 2023 ON THE FILE OF THE LIII ADDITIONAL CITY CIVIL AND SESSIONS SPECIAL JUDGE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24576 CRL.P No. 8423 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is filed under Section 439 of Cr.P.C. seeking bail by the petitioner, who is an accused in Crime No.53/2025 registered by the 1st respondent – Police for offences punishable under Sections 69, 351(2) of BNS, 2023. 2. It is the case of the prosecution that the complainant knew the petitioner since 8 years i.e., from 2016 and that both of them were in love with each other and petitioner – accused on the pretext of marrying the complainant, induced her to have sexual intercourse in the year 2022 and thereafter, he left Bangalore and went to Singapore. During August, 2024, when the complainant tried to call the petitioner, his sister picked up the call and told that the name of the petitioner was Walter D’Souza and not Santhosh. When the complainant sent the photographs of the petitioner to the sister of the petitioner, she confirmed the name of the petitioner. When the complainant questioned about the same, the petitioner threatened her with dire consequences. Based on the same, the complainant filed a complaint, which was registered as an FIR in - 3 - HC-KAR NC: 2025:KHC:24576 CRL.P No. 8423 of 2025 Crime No.53/2025 for the offences punishable under Sections 69, 351(2) of BNS, 2023. 3. Heard learned counsel for the petitioner and learned Addl.SPP for the respondent and perused the material on record. 4. Learned counsel for the petitioner submits that the petitioner is not guilty of the offences alleged and that the BNS, 2023 including Section 69 came into force on 01.07.2024 and Section 69 is a substantive provision and would not apply to the offences committed prior to Section 69 coming into force. It is further submitted that the petitioner is innocent of the offences alleged against him and he is the only bread earner of the family and therefore, he may be enlarged on bail. 5. Learned Addl.SPP for the respondent – State submits that the petitioner is guilty of the offences punishable under Section 69 of BNS, 2023, on the ground that he had sexual intercourse with the complainant – 2nd respondent on 18.06.2022 before he left Bengaluru and went to Singapore. He therefore submits that the petitioner is not entitled for bail and that the petition is liable to be dismissed. - 4 - HC-KAR NC: 2025:KHC:24576 CRL.P No. 8423 of 2025 6. A perusal of the material on record will indicate that the relationship of the complainant with the petitioner – accused was for more than Eight years and the sexual intercourse between them was consensual one and that for the last two years, the petitioner refused to marry 2nd respondent. It is noticed that even according to the complainant, the alleged incident occurred on 18.06.2022, much prior to Section 69 of BNS, 2023, which came into force w.e.f. 01.07.2024, thereby prima – facie indicating that the said provision would not be applicable to the alleged incident or the petitioner or the offences alleged against him. After investigation, the police have filed the charge sheet, which is pending adjudication before the Trial Court in C.C.No.19491/2025. Under these circumstances, I am of the view that the petitioner would be entitled to be enlarged on bail by imposing certain conditions. 7. Accordingly, the petition is hereby allowed. The petitioner-accused is ordered to be released on bail, subject to the following conditions: (i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) and shall furnish one surety for the likesum to the satisfaction of the Trial Court. - 5 - HC-KAR NC: 2025:KHC:24576 CRL.P No. 8423 of 2025 (ii) Petitioner shall not tamper or attempt to tamper with any of the prosecution witnesses, directly or indirectly. (iii) Petitioner shall appear before the concerned Court regularly and as and when required. (iv) Petitioner shall mark his attendance before the SHO of the concerned Police Station between 10 a.m. and 2 p.m., once in every two weeks for a period of three months. (v) Petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court. If any of these conditions are violated, the prosecution is at liberty to move the matter for cancellation of bail. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV/ Srl. List No.: 5 Sl No.: 12