- 1 - HC-KAR NC: 2025:KHC:41040 CRL.P No. 12615 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12615 OF 2025 (439(Cr.PC) / 483(BNSS)-) BETWEEN: 1. VIJAYA KUMAR A @ VIJAYAKUMARA S/O ASWATHAPPA.A, AGED ABOUT 33 YEARS R/AT: ADIGANAPALLI HOSAHUDYA VILLAGE BAGEPALLI TALUK, KASABA HOBLI CHIKKABALLAPUR DISTRICT – 561 207. …PETITIONER (BY Miss. JAYANTHI R BHAT, ADVOCATE FOR SMT. JAYANTHI R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MAHADEVAPURA P.S REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE ON BAIL IN Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41040 CRL.P No. 12615 of 2025 CONNECTION WITH CR.No.231/2025 (S.C.No.958/2025) PENDING BEFORE THE HONBLE LIII ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU PERTAINING TO THE MAHADEVAPURA P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 115(2),308(2),318(1),351(2),69 OF BNS ACT AND ETC., 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 the sole accused under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 praying to grant bail in SC No.958 of 2025 (arising out of Crime No.231 of 2025 of Mahadeva Police Station) pending on the file of the learned LIII Additional City Civil and Sessions Special Judge, Bengaluru registered for the offences punishable under Sections 115(2), 308(2), 318(1), 351(2) and 69 of Bharatiya Nyaya Sanhita, 2023. 2. The learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. - 3 - HC-KAR NC: 2025:KHC:41040 CRL.P No. 12615 of 2025 3. The learned counsel for the petitioner would contend that, the alleged incident of sexual intercourse has taken place during July, 2022, and demand of money and harassment were taken place on 19.03.2025. The complaint has been filed on 16.04.2025, and there is a delay in filing the complaint. The victim herself has sent money stating that they are expenses for preparation of marriage. The victim, who has stated to be assaulted, has stated that, she has not taken treatment. The charge sheet is filed, and therefore, the petitioner is not required for further custodial interrogation, since he is in judicial custody from 17.04.2025. With this, she prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that the averments made in the complaint are clearly indicate that, the petitioner, who is married a man having wife and children, has cheated the complainant under the promise - 4 - HC-KAR NC: 2025:KHC:41040 CRL.P No. 12615 of 2025 of marriage having sexual intercourse during July, 2022, and thereafter, got transferred money by giving threat to send the photos and private videos of the victim in social media, and got money transferred, and also went to the Paying Guest (PG) of victim and assaulted her. He further contends that, the photos produced in the charge sheet indicate that, the victim has sustained injuries. The materials have been collected to show that victim has transferred money to the petitioner. The trial has been fixed. With this, he prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court perused the charge sheet and other materials placed on record. 6. The age of the victim girl as per charge sheet is 30 years. The accusation against the petitioner is that, he came in contact with the victim through Instagram, and he had affair with her and had sexual intercourse with her from July, 2022. As the victim is aged 30 years, she is of the age of understanding consequences of her acts. - 5 - HC-KAR NC: 2025:KHC:41040 CRL.P No. 12615 of 2025 Whether the amount stated to be transferred by the victim to the petitioner was under threat or for preparation of marriage is a matter of trial. The investigation is over, and the charge sheet has been filed. Therefore, the petitioner is not required for the custodial interrogation. The petitioner has undertaken to appear before the Trial Court on all date of hearing and abide by conditions to be imposed by this Court. 7. Considering all these aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed; ii) The petitioner is granted bail in SC No.958 of 2025 (arising out of Crime No.231 of 2025 of Mahadevapura Police Station) pending on the file of the learned LIII Additional City Civil and Sessions Judge, Bengaluru City to the following conditions: - 6 - HC-KAR NC: 2025:KHC:41040 CRL.P No. 12615 of 2025 a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rs.one lakh) with one surety for the like sum to the satisfaction of the Trial Court; b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly; c) The petitioner shall appear before the Trial Court on all dates of hearing unless exempted cooperate for disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 2 Ct.sm