- 1 - NC: 2025:KHC-D:7191 CRL.P No. 101867 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101867 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: CHETAN KUMAR S/O. SHRIKANT UPADHYA, AGED ABOUT: 32 YEARS, OCC: TATA ACE DRIVER R/O: GANDI NAGAR, GOKUL ROAD, HUBBALLI – 580 030. …PETITIONER (BY SRI. SANDEEP K. PHATKURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD, THROUGH GOKUL ROAD POLICE STATION, HUBBALLI. 2. SUNANDA W/O. SHIVANAPPA MADIWALAR, AGED ABOUT 32 YEARS, OCC: PRIVATE SERVICE, R/O: MAHALAXMI LAYOUT, GOKUL ROAD, HUBBALLI – 580 030. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO PASS AN ORDER DIRECTING THE PETITIONER TO BE ENLARGED ON BAIL IN GOKUL ROAD P.S. HUBBALLI, CRIME NO.42/2025 PENDING ON THE FILE OF THE J.M.F.C.-III COURT, HUBBALLI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 69, 351(2) OF BNS, 2023 REGISTERED BY THE GOKUL ROAD POLICE STATION, HUBBALLI. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7191 CRL.P No. 101867 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking enlargement on bail, pending trial. 2. The petitioner is accused of having relationship with the complainant, a widow, under the alleged pretext of marriage, which latter did not materialize. It is contended by the learned counsel for the petitioner that the allegation, if accepted on face value, was consensual and stood over a period of time. There is no specific allegation of force or coercion. The allegation of not fulfilling the promise of marriage, by itself, does not constitute a grave offence unless intentional deceive from inception is established. 3. Though respondent No.2 is served and is being represented by a counsel, there is no representation. 4. Learned HCGP for respondent No.1-State does not dispute that the complainant and the accused were in relationship over a period of time. - 3 - NC: 2025:KHC-D:7191 CRL.P No. 101867 of 2025 5. From the arguments advanced, this Court is of prima facie opinion that the question of whether there was a consensual intimacy or false promise made with fraudulent intent, is a matter to be adjudicated during trial. The accused’s right to liberty under Article 21 of the Constitution of India must be balanced with the interest of justice and continued detention is not warranted at this stage, especially when there is no material to show that there would be tampering of evidence and no prior antecedents, the petitioner needs to be enlarged on bail on conditions. Thus, this Court pass the following: ORDER i. The criminal petition is allowed. ii. The petitioner-accused is enlarged on bail in connection with the Crime No.42/2025 registered by the Gokul Road Police Station, Hubballi, subject to following conditions: a. The petitioner-accused shall furnish personal bond to a sum of Rs.50,000/- with two - 4 - NC: 2025:KHC-D:7191 CRL.P No. 101867 of 2025 sureties of likesum to the satisfaction of the trial Court. b. He shall not tamper the evidence or hamper the prosecution witnesses in any manner. c. He shall appear before the Investigation Officer as and when called till filing of the charge sheet. d. He shall co-operate with the investigation and not leave the jurisdiction of the trial Court without prior permission. Any violation of the above conditions will entail the prosecution to seek cancellation of bail. _________Sd/-__________ JUSTICE K.S.HEMALEKHA RH List No.: 1 Sl No.: 5