- 1 - HC-KAR NC: 2025:KHC:25506 CRL.P No. 8902 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8902 OF 2025 BETWEEN: SRI DHEERAJ KUMAR MISHRA AGED ABOUT 30 YEARS S/O LAXMINARAYAN MISHRA R/AT 240, PODI BAHAR KOSABADI, 21, KORBA CHHATTISGARH - 495 677. TEMPORARY ADDRESS R/AT NO. E-5, 5TH FLOOR ASPEN BLOCK, REGENCY PINNACLE HEIGHTS, DR. SHIVARAM KARANTH NAGAR, RECHANAHLLI NEAR BY MANYATA TECH PARK BENGALURU - 560 077. …PETITIONER (BY SRI ANAND K, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY KODIGEHALLI POLICE STATION, BENGALURU DISTRICT, 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 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THIS PETITION AND DIRECT THAT THE RESPONDENT POLICE RELEASE THE PETITIONER ON BAIL, IN THE EVENT OF HIS ARREST IN CRIME NO.173/2025, REGISTERED BY THE RESPONDENT-KODIGEHALLI POLICE FOR THE OFFENCES P/U/S Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25506 CRL.P No. 8902 of 2025 351(3) AND 64 OF BNS ACT PENDING BEFORE VII ADDL.CJM COURT, BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.173/2025 registered by Kodigehalli Police Station, Bengaluru City, for the offences punishable under Sections 351(3) & 64 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.173/2025 was registered by Kodigehalli Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 24.05.2025 received from the victim lady aged about 32 years. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.4609/2025 before the jurisdictional Sessions Court, which was rejected on 19.06.2025. Therefore, he is before this Court. 4. Perusal of the averments made in the first information would go to show that the victim lady was visiting a gym after - 3 - HC-KAR NC: 2025:KHC:25506 CRL.P No. 8902 of 2025 her office hours and she got acquainted with the petitioner who was also visiting the said gym. It is alleged in the first informant that on 09.05.2025 at about 22.00 hours, when the victim lady was coming out of the gym, the petitioner followed her and when she was waiting for the lift, he asked her to follow him in the stair case. It is further alleged that when she was walking along with the petitioner in the stair case, he misbehaved with her and when she resisted his act, he allegedly pushed her down and started touching her inappropriately. It is further alleged that he forcibly put his private parts into her mouth and also touched her private parts inappropriately. The victim lady managed to escape from the clutches of the petitioner, and thereafter, had returned to her home. 5. In respect of the alleged that had taken place on 09.05.2025, first information is submitted belatedly on 24.05.2025. In the first information it is alleged that first informant was criminally intimidated, and therefore, she had not filed the criminal complaint against the petitioner. But - 4 - HC-KAR NC: 2025:KHC:25506 CRL.P No. 8902 of 2025 subsequently, her relatives and friends encouraged her, and therefore, she had approached the police. 6. During the course of investigation, the police have collected the CCTV footage of the premises in which the alleged incident has taken place. A reading of the panchanama of the Investigation Officer under which the CCTV footages were collected, would go to show that on the alleged date of incident in the CCTV footage, it was found that the victim lady who had come out of the building in which the gym is situated, had entered the shop by name 'KPN Fresh' at about 21.53 hours, and subsequently she was seen in the video footage coming out from the said shop carrying a ice cream in her hand. Therefore, a serious doubt arises with regard to the allegations found in the first information as against the petitioner. 7. Undisputedly, petitioner has no criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. Therefore, I am of the opinion that petitioner's prayer for grant of anticipatory bail requires to be answered affirmatively, subject to reserving liberty to the Investigation Officer to seek custody of the petitioner by filing necessary - 5 - HC-KAR NC: 2025:KHC:25506 CRL.P No. 8902 of 2025 application before the jurisdictional court in the event it becomes necessary. Accordingly, the following order: 8. 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.173/2025 registered by Kodigehalli Police Station, Bengaluru City, for the offences punishable under Sections 351(3) & 64 of BNS, 2023, subject to the following conditions: 1. Petitioner shall appear before the Investigation Officer on 17.07.2025 and on the said date, the Investigation Officer shall be at liberty to take him into custody if necessary for the purpose of interrogation. However, it is made clear that after interrogation, Investigation Officer shall release the petitioner on the same day on or before 06.00 p.m. subject to petitioner executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, out of which, one shall be local surety 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. - 6 - HC-KAR NC: 2025:KHC:25506 CRL.P No. 8902 of 2025 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