- 1 - HC-KAR NC: 2025:KHC:32665 CRL.P No. 10931 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10931 OF 2025 BETWEEN: SRI. ASHWIN KUMAR S/O SATISH KUMAR, AGED ABOUT 27 YEARS, R/W D-BLOCK, AECS LAYOUT, KUNDANAHALLI SIGNAL, MARATHALLI, BANGALORE-560 037. …PETITIONER (BY SRI. GIRISHA N., ADVOCATE) AND: THE STATE OF KARNATAKA BY KORAMANGALA POLICE STATION, BANGALORE. (REPRESENTED BY SPP HIGH COURT BUILDING) BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO A. GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.105/2025 REGISTERED BY KORAMANGALA POLICE STATION, BENGALURU FOR OFFENCE PUNISHABLE UNDER SECTION 69 OF THE BNS, 2023, PENDING BEFORE 39TH ACMM COURT, NRUPATUNGA ROAD, BANGALORE CITY; B. DIRECT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32665 CRL.P No. 10931 of 2025 THE INVESTIGATING OFFICER TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF ARREST, SUBJECT TO ANY TERMS AND CONDITIONS AS DEEMED FIT BY THIS HONBLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is arraigned as an accused in Crime No.105/2025 of Koramangala Police Station, registered for the offence punishable under Section 69 of BNS, 2023. 2. This petition is preferred under Section 482 of BNSS, 2023, seeking to enlarge the petitioner on anticipatory bail. 3. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 4. In her complaint, the victim has alleged that she is working as a Beautician and in the year 2019, through her friend, she got acquainted with the petitioner and thereafter, they became friends. Further, in the month - 3 - HC-KAR NC: 2025:KHC:32665 CRL.P No. 10931 of 2025 of February 2022, petitioner proposed to her and they were exchanging messages through whatsapp and also talking over phone. It is alleged that with a promise of marriage, petitioner developed physical relationship and committed sexual intercourse with her on several occasions. Further, she came to know that the petitioner is having relationship with one more woman and when she enquired with the petitioner, he picked up quarrel and assaulted her. It is also alleged that the victim has made online payment to the petitioner, through her account, to the tune of Rs.1,50,000 to 2,00,000/- and also paid a cash of Rs.4,00,000/-. However, the petitioner cheated her by not marrying. 5. Learned High Court Government Pleader has contended that the petitioner is absconding from the date of registration of the case, victim’s statement has been recorded under Section 164 Cr.P.C., wherein she has reiterated the complaint averments. He submitted that if the petitioner is enlarged on bail, he may not be available - 4 - HC-KAR NC: 2025:KHC:32665 CRL.P No. 10931 of 2025 for investigation and he may try to intimidate the victim and tamper with the evidence. He submits that the petitioner is not a permanent resident of Bengaluru and therefore, there is possibility of fleeing from justice, if he is enlarged on bail. 6. As per complaint averments, petitioner and the complainant (victim) got acquainted with each other in the year 2019. It is alleged that in the month of February 2022, petitioner proposed to the complainant thereafter, they started chatting with each other through whatsapp and also talking over phone. It is alleged that the petitioner has committed sexual intercourse with the complainant, on a false promise of marriage and cheated her. 7. The offence is alleged to have committed between 01.01.2019 and 22.03.2025. The complaint is lodged on 22.04.2025. The complainant is a Major aged about 31 years. - 5 - HC-KAR NC: 2025:KHC:32665 CRL.P No. 10931 of 2025 8. Learned counsel for petitioner has contended that the entire allegations are false. Petitioner has been falsely implicated in the case. He submits that the complainant has a history of extorting money from other individuals. He submits that the petitioner is ready and willing to abide by any condition and he will offer sufficient surety to ensure his regular presence before the Court and he will cooperate with the investigation of the case. 9. The allegations in the complaint have to be established in due course. Petitioner has no criminal antecedents. He has undertaken to cooperate with the investigation of the case. Considering the facts and circumstances, the relief sought in the petition can be granted by imposing suitable conditions. Accordingly, the following: ORDER i. Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:32665 CRL.P No. 10931 of 2025 ii. Petitioner/accused in Crime No.105/2025 of Koramangala Police Station, Bengaluru City, registered for the offence punishable under Section 69 of BNS, 2023, is ordered to be released, in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of the order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, out of which one shall be a local surety for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) He shall mark his attendance before the jurisdictional Police Station on every Sunday between 10.00 a.m. and 1.00 p.m., till conclusion of the investigation and shall cooperate with the investigation. - 7 - HC-KAR NC: 2025:KHC:32665 CRL.P No. 10931 of 2025 d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall not contact the complainant/victim and shall not intimidate or influence her in any manner. f) He shall appear before the Court on every effective hearing date. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 39