- 1 - NC: 2025:KHC:1683 CRL.P No. 12962 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 12962 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: BHARATH T S/O. THIMMAIAH AGED ABOUT 26 YEARS, ADDRESSED AT CHIKKA CHANNA REDDY, AND NARATANA REDDY BUIDLING, RAMAIAH LAYOUT, VINAYAKA NAGAR, HEBBAGODI ANEKAL TALUK, BENGALURU-562106. …PETITIONER (BY SRI. YABESH M, ADVOCATE) AND: STATE OF KARNATAKA (REPRESENTED BY ELECTRONIC CITY POLICE, THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU-560 002). …RESPONDENT (BY SRI. M.R.PATIL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL ON THE FILE OF THE C.J.M BENGALURU RURAL DISTRICT BENGALURU IN CONNECTION WITH THE CR.NO.432/2024 FOR THE OFFENCE P/U/S 64, 88 OF BNS 2024 REGISTERED IN ELECTRONIC CITY POLICE STATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.17 16:32:50 +0530 - 2 - NC: 2025:KHC:1683 CRL.P No. 12962 of 2024 ORAL ORDER 1. The petitioner, who has been charge-sheeted for offences punishable under Sections 64 and 88 of the Bharatiya Nyaya Sanhita, 2023, is before this Court seeking relief. 2. The prosecution’s case is that the de facto complainant, while working in the security department at PES Hospital, came into contact with the accused, who is employed as an ambulance driver at the hospital. The accused, under the pretext of dropping the complainant at her house, allegedly committed forcible sexual intercourse against her will. It is further alleged that he subsequently committed forcible sexual intercourse with her on three to four occasions by falsely promising to marry her. The complainant also claims that she became pregnant as a result of the relationship, and the accused allegedly caused the termination of the pregnancy by administering tablets. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent–State. 4. In her complaint, the complainant has also alleged that the accused forcibly married her in the Chennakeshava Temple. Whether the accused had sexual intercourse with the complainant with her consent or by concealing the fact of marriage is a matter that requires adjudication during the trial. 5. The accused has been in judicial custody since 05.10.2024. The police, after completing their investigation, have filed the charge sheet. Hence, the petitioner is no longer required - 3 - NC: 2025:KHC:1683 CRL.P No. 12962 of 2024 for custodial interrogation. In light of these circumstances, the petitioner has established a prima facie case for being enlarged on bail. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The petitioner/accused No.1 is enlarged on bail in Crime No.432/2024, registered by the Electronic City Police Station, Bengaluru City, subject to the following conditions: a) The petitioner/accused No.1 shall furnish indemnity bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. b) He shall appear before the Court as and when required. c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. d) He shall not get involved in similar offences. e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh/List No.: 19 Sl No.: 2