- 1 - HC-KAR NC: 2025:KHC:24811 CRL.P No. 8745 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. 8745 OF 2025 BETWEEN: SRI BASAVANNAYYA MALLAYYA S/O MALLAYYA MATHAPATI AGED ABOUT 29 YEARS R/AT NO.8-1544/15/52 SULTANAPURA ROAD NEAR YALLALINGA DEVALAYA SHIVASHANKTHI NAGAR KALABURGI - 585 104. …PETITIONER (BY SRI RAMESHA H.N, ADV.) AND: STATE OF KARNATAKA BY KODEGEHALLI P.S REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE KODIGEHALLI POLICE STATION REGISTERED IN CRIME NO.170/2025 FOR THE ALLEGED OFFENCE P/US/ 115(2),318(2),351(2),352,69 OF BNS 2023 ON THE FILE OF THE HONBLE 7tH ADDL. CMM COURT NRUPATHUNGA ROAD, BENGALURU CITY. 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:24811 CRL.P No. 8745 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.170/2025 registered by Kodigehalli Police Station, Bengaluru City, for the offences punishable under Sections 115(2), 318(2), 351(2), 352, 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.170/2025 was registered by Kodigehalli Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 20.05.2025 received from the victim lady aged about 32 years. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.4468/2025 before the jurisdictional Sessions Court which was rejected on 10.06.2025. Therefore, he is before this Court. 4. Perusal of the averments found in the first information submitted by the victim lady aged about 32 years, would go to show that she was married to one Srinivas about 13 years prior - 3 - HC-KAR NC: 2025:KHC:24811 CRL.P No. 8745 of 2025 to the date of registration of the FIR and Srinivas had died three years after their marriage. From the wedlock, the couple have a daughter aged about 12 years. The victim lady was residing at Hebbal in Bengaluru along with her daughter and she was working as a nurse in Baptist Hospital, Bengaluru. It is alleged that the petitioner got acquainted to her about three years prior to the registration of FIR when he had visited the aforesaid hospital and subsequently, they started living together in a rented house at Kodigehalli. It is alleged that petitioner with a promise to marry the victim lady, had sexual intercourse with her when she stayed with him in the said house. It is also alleged that petitioner had taken money from her and subsequently, petitioner had refused to marry her and informed her that he intends to marry some other girl. 5. A reading of the averments found in the first information would reveal that victim lady who is a widow living with her daughter in Bengaluru, got acquainted to the petitioner about three years prior to the date of registration of FIR and admittedly they started living together in Bengaluru, thereafter. Considering the fact that the victim lady was in a consensual - 4 - HC-KAR NC: 2025:KHC:24811 CRL.P No. 8745 of 2025 relationship with the petitioner for a considerable period of three years, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail requires 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.170/2025 registered by Kodigehalli Police Station, Bengaluru City, for the offences punishable under Sections 115(2), 318(2), 351(2), 352, 69 of BNS, 2023, 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 - 5 - HC-KAR NC: 2025:KHC:24811 CRL.P No. 8745 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 KK