- 1 - HC-KAR NC: 2025:KHC:24823 CRL.P No. 8659 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8659 OF 2025 BETWEEN: M.C. MADAPPA S/O LATE CHINNASWAMY AGED ABOUT 50 YEARS R/AT. NO. 144, ANJANEYA TEMPLE ROAD, SARAKKI J.P. NAGAR 15 PHASE BENGALURU - 560 078. …PETITIONER (BY SRI SURESHA N, ADV.) AND: STATE OF KARNATAKA KONANKUNTE POLICE STATION REP. BY SPP, HIGH COURT BENGALURU - 01. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL IN CRIME NO.142/2025 OF THE RESPONDENT POLICE REGISTERED BY THE RESPONDENT KONANAKUNTE POLICE STATION FOR THE OFFENCE P/US/ 115(2),118(1),3(5),351(2),352,69 OF BNS IN CRL.MISC.NO.4292/2025 BY THE LIII ADDL. CITY CIVIL AND SESSIONS AND SPECIAL JUDGE BENGALURU. 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:24823 CRL.P No. 8659 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.142/2025 registered by Konanakunte Police Station, Bengaluru, for the offences punishable under Sections 115(2), 118(1), 3(5), 351(2), 352 and 69 of BNS, 2023, 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.142/2025 was registered by Konanakunte Police Station, Bengaluru, for the aforesaid offences against petitioner herein based on the first information dated 13.05.2025 received from victim lady aged about 38 years. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.4292/2025 which was rejected by the jurisdictional Sessions Court on 10.06.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that victim lady aged about 38 years is married and from the wedlock with her husband, they have children. It appears that - 3 - HC-KAR NC: 2025:KHC:24823 CRL.P No. 8659 of 2025 subsequently victim lady had deserted her husband and was staying separately with her children. In the year 2016, she got acquainted with the petitioner. It is alleged that in the month of July, 2020, petitioner had taken the victim lady along with him and had sexual intercourse with her with a promise to marry her. It is further alleged that for the last five years, petitioner has been sexually exploiting the victim lady with a promise to marry her. Ultimately now he has refused to marry her. It is further stated that petitioner had borrowed money from the victim lady and has refused to repay the same and when she demanded repayment, he allegedly abused and assaulted her. 5. A reading of the first information itself would go to show that marriage of the victim lady is not dissolved and therefore, the question of the petitioner assuring the victim lady to marry her does not arise. In the first information itself, it is stated that petitioner and the victim lady are known to each other ever since 2016 and for the last five years, they are in a relationship. Considering the fact that the petitioner and the victim, who is a married lady were in a consensual relationship for a considerable period of time, I am of the opinion that the - 4 - HC-KAR NC: 2025:KHC:24823 CRL.P No. 8659 of 2025 prayer made by the petitioner for grant of anticipatory bail needs 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.142/2025 registered by Konanakunte Police Station, Bengaluru, for the offences punishable under Sections 115(2), 118(1), 3(5), 351(2), 352 and 69 of BNS, 2023, is 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 witnesses and he shall co-operate with - 5 - HC-KAR NC: 2025:KHC:24823 CRL.P No. 8659 of 2025 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 DN