- 1 - NC: 2025:KHC:2638 CRL.P No. 14206 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14206 OF 2024 BETWEEN: MR. BILAL RAFEEQ, SON OF SRI. MOHAMMED RAFEEQ, AGED 26 YEARS, RESIDING AT ATEENA MYANJIL KALLIN KAL JUM MASJID, NEAR GOTISH, BEPOOR, KOZHIKODE, KERALA STATE - 673015. …PETITIONER (BY SRI. P.V. VASUDEVAN, ADVOCATE FOR SMT. NETHRAVATHI K., ADVOCATE) AND: STATE BY UPPARPET POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT, BANGALORE - 01. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.248/2024 REGISTERED BY THE RESPONDENT UPPARPET POLICE AGAINST THE PETITIONER ALLEGING THAT THE PETITIONER/ACCUSED HAS COMMITTED THE OFFENCE PUNISHABLE UNDER SECTION 506, 504, 376, 420, 312, 417 R/W SEC.34 OF IPC AND SEC.3(1)(w), 3(1)(r)(s), 3(2)(V), (VA) OF SC/ST (POA) ACT UP ON THE COMPLIANT FILED BY Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2638 CRL.P No. 14206 of 2024 SHIVANI THANDI ON THE FILE OF V ADDITIONAL CHIEF JUDICIAL MAGISTRATE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned Additional State Public Prosecutor for respondent / State and perused the material on record. 2. This petition under Section 483 of BNSS, 2023 is preferred praying to enlarge the petitioner on bail in Cr.No.284/2024 of Upparpet Police Station, Bengaluru City. 3. Initially, first information report was registered against the petitioner and three others on a complaint lodged by the victim for offences punishable under Sections 506, 34, 504, 376, 420, 312, 417 of IPC, Section 3(1)(w), 3(1)(r)(s) and 3(2)(V)(VA) of SC/ST (Prevention of Atrocities) Amendment Act, 2015. - 3 - NC: 2025:KHC:2638 CRL.P No. 14206 of 2024 4. Charge sheet is filed against the petitioner alone, dropping the names of accused Nos.2 to 4 named in the FIR. 5. It is alleged that the petitioner and the victim got acquainted with each other through Instagram and they fell in love with each other. In the month of May 2022, petitioner took the victim to OYO Sree Sai Guru Comfort Inn and with a promise of marriage committed forcible sexual intercourse with her, on account of which she became pregnant. When the victim requested him to marry, he gave tablets and forcibly terminated her pregnancy. Thereafter, he took her to various places on several occasions and committed sexual intercourse and once again terminated her pregnancy. Third time when she became pregnant, she requested the petitioner to marry her, but he refused to marry, abused and threatened her etc., - 4 - NC: 2025:KHC:2638 CRL.P No. 14206 of 2024 6. The petitioner and the victim were known to each other since 2021. Material on record reveals that on several occasions, victim accompanied the petitioner and both of them had physical relationship. It is alleged that on two occasions when victim became pregnant, pregnancy was forcibly terminated by the petitioner. However, at this stage there is no material to show that the victim had become pregnant and the pregnancy was forcibly terminated by the petitioner. In this regard, no complaint was lodged at that point of time. 7. Learned Additional State Public Prosecutor has contended that the victim subsequently delivered a female baby and therefore, there is a prima facie case against the petitioner. She contended that the petitioner with a false promise of marriage induced the victim to have physical relationship with him and thereafter, cheated by not marrying her. - 5 - NC: 2025:KHC:2638 CRL.P No. 14206 of 2024 8. While filing charge sheet, Section 376 of IPC has been deleted. Charge sheet is filed for offences punishable under Sections 506, 504, 420, 417 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. It is alleged that the petitioner demanded rupees two lakhs and other articles as dowry to marry the victim and sum of Rs.1,00,000/- and a mobile phone valued Rs.35,999/- was given to him as dowry by the victim. 9. The ingredients of the offence alleged against the petitioner have to be established in a full fledged trial. The petitioner was arrested on 07.10.2024 and he is in judicial custody. He is not required for further interrogation. The offences charge sheeted are not punishable with death or imprisonment for life. The petitioner has undertaken to furnish sufficient surety to ensure his regular presence before the trial Court. - 6 - NC: 2025:KHC:2638 CRL.P No. 14206 of 2024 10. Considering the facts and circumstances, the petitioner can be released on bail by imposing conditions. Accordingly, the following: ORDER i) Petition is allowed. ii) Petitioner / accused in Crime No.248/2024 of Upparpet Police Station, is ordered to be released on bail subject to following conditions: a) Petitioner shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties out of which one shall be a local surety, to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned Session Judge. - 7 - NC: 2025:KHC:2638 CRL.P No. 14206 of 2024 d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE MCR List No.: 1 Sl No.: 43 CT: BHK