- 1 - HC-KAR NC: 2025:KHC:48388 CRL.P No. 12784 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12784 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI ALI AHMED S/O ESHAK ALI AGED ABOUT 31 YEARS R/AT. C/O VENKATESH RENTED HOUSE, GUNJURUPALYA VARTHUR HOBLI BENGALURU - 560 087. …PETITIONER (BY SRI S R SREEPRASAD, ADVOCATE) AND: 1. STATE BY KARNATAKA VARTHUR PS., REPRESENTED BY SPP BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.No.6244/2025 ON THE FILE OF A.C.J.M BENGALURU RURAL DISTRICT, BENGALURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 64 AND 70 OF BNS ACT 2023. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48388 CRL.P No. 12784 of 2025 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 483 of BNSS praying to grant bail in C.C.No.6244/2025 pending on the file of Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru registered for offences punishable under Sections 54 and 70 of BNS, 2023 registered by Varthur Police in Crime No.157/2025. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that in the complaint, there is no allegation against accused No.3. But in the statement recorded under Section 183 of BNSS, there is allegation against accused No.3 of helping other accused by holding the victim. The victim has refused for undergoing medical examination. There are contradictions in the averments of complaint - 3 - HC-KAR NC: 2025:KHC:48388 CRL.P No. 12784 of 2025 and the statement of victim recorded under Section 183 of BNSS. In view of the contradictions and not giving consent for medical examination creates doubt in the case of the complainant/victim. Therefore, the sole testimony cannot be relied on. More so there is a delay in filing complaint. With these, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the charge sheet materials show prima facie case against the petitioner for offences alleged against him. With this, she prays to reject the petition. 5. Having heard learned counsels, this Court has perused charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that when victim was sleeping in the house of accused No.3, second wife of the petitioner, even against the advice of the accused No.1. The petitioner - accused No.1 went to the house of accused No.3 and told - 4 - HC-KAR NC: 2025:KHC:48388 CRL.P No. 12784 of 2025 accused No.3 that the character of victim is not good and asked why victim has came to house of his wife and committed sexual assault on her wherein accused No.3 helped him by holding hands of victim and accused No.2 also sexually assaulted the victim. The charge sheet will indicate that the victim has not given consent for medical examination. On perusal of averments of the complaint, there is no allegation against accused No.3 but in statement recorded under Section 183 of BNSS, there is an allegation against accused No.3 of holding the victim and helping the accused No.1. Even there are other contradictions in the statement of victim recorded under Section 183 of BNSS if it is compared to the averments of the complaint. The incident has taken place on 12.04.2025 and complaint has been filed on 14.04.2025 and there is two days delay in filing the complaint. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 20.04.2015. Considering the above aspects, the petitioner - 5 - HC-KAR NC: 2025:KHC:48388 CRL.P No. 12784 of 2025 is not having any criminal antecedents. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in C.C.No.6244/2025 pending on the file of Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru registered for offences punishable under Sections 54 and 70 of BNS, 2023 registered by Varthur Police in Crime No.157/2025 subject to following conditions. a) The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. b) The petitioner –accused No.1 shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:48388 CRL.P No. 12784 of 2025 c) The petitioner –accused No.1 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 DSP List No.: 1 Sl No.: 6