- 1 - HC-KAR NC: 2025:KHC:49296 CRL.P No. 14607 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14607 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. E ADITHYA S/O K ESHWARAPPA AGED ABOUT 28 YEARS R/AT No. 17, 2ND CROSS ANDRAHALLI MAIN ROAD MAYURA NAGARA, HEGGANAHALLI PEENYA 2ND STAGE, BANGALORE NORTH VISHWANEEDA BANGALORE – 560 091. …PETITIONER (BY SRI HANUMANTHARAYA C H, ADVOCATE) AND: 1. STATE OF KARNATAKA BY JNANBHARATHI P S REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE – 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPP, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE SHO, JNANABHARATHI P.S., TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CR.No.377/2025, FOR THE OFFENCES PUNISHABLE UNDER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49296 CRL.P No. 14607 of 2025 SECTIONS 69,88,115(2),351(2) OF BNS, 2023, PENDING ON THE FILE OF THE HON’BLE VI ACJM, BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.377/2025 of Jnanabharathi Police Station registered for the offence under Sections 69, 88, 115(2), 351(1) of BNS. 2. Heard learned counsel for the petitioner and learned HCGP for respondent – State. 3. Learned counsel for the petitioner would contend that prior to filing of complaint dated 25.08.2025, the victim had filed a complaint on 12.08.2025 before the Karnataka State Mahila Ayoga wherein the address is different than mentioned in the present complaint. The allegation of sexual intercourse is on 04.02.2025. The victim is aged 23 years and the said sexual intercourse is consensual. Prior to filing of complaint, the mother of the - 3 - HC-KAR NC: 2025:KHC:49296 CRL.P No. 14607 of 2025 petitioner i.e. accused No.2 has filed complaint by e-mail and subsequently, there was enquiry and recording of statement of victim and another. The offence alleged against the petitioner is not punishable either with death or imprisonment for life and the maximum sentence provided for the offence under Section 69 of BNS is imprisonment which may extend to 10 yeas. The petitioner is a MBA student. The petitioner is ready to co- operate with the police in investigation and ready to submit himself for interrogation. With these he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the statement of victim has been recorded under Section 183 of BNSS wherein she has specifically stated the acts of this petitioner having sexual intercourse in car and lodge and giving pills for abortion. The investigation is in progress and petitioner is required for interrogation. With these she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:49296 CRL.P No. 14607 of 2025 5. Having heard the learned counsels, the Court has perused FIR, complaint and other materials placed on record. 6. The victim has filed complaint dated 25.08.2025 and based on that case came to be registered in Crime No.377/2025 of Jnanabharathi Police Statation for the aforesaid offences. There is an allegation of sexual intercourse by this petitioner under the promise of marriage. On she becoming pregnant, giving pills for abortion and thereafter threatening her. Prior to filing of the said complaint the victim had filed a complaint with Karnataka State Mahila Ayoga and she has not stated about the said complaint made by her on 12.08.2025 in the present complaint. Prior to filing of the complaint, the mother of this petitioner had also sent a complaint to the police by e-mail on 21.02.2025 and there was enquiry and recording of the statement of the victim. The victim is aged 23 years and she is of the age of understanding the consequences of her acts. There is no averment in the - 5 - HC-KAR NC: 2025:KHC:49296 CRL.P No. 14607 of 2025 complaint of having forcible sexual intercourse on her by the petitioner. Learned counsel for the petitioner submits that there are no materials to show regarding the petitioner giving pills for abortion due to consumption of which resulted in abortion. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is a student and he is ready to co-operate with the police in investigation and submit himself for interrogation. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER Petition is allowed. The petitioner is ordered to be released in the event of his arrest in Crime No.377/2025 of Jnanabharati Police Station subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:49296 CRL.P No. 14607 of 2025 (i) Petitioner shall voluntarily appear before the IO within 15 days from this day and shall execute bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the IO. (ii) Petitioner shall co-operate with the IO in investigation. (iii) Petitioner shall appear before the IO whenever called for. (iv) Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (v) Petitioner shall attend the trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 9