- 1 - HC-KAR NC: 2025:KHC:39060 CRL.P No. 11067 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11067 OF 2025 BETWEEN: MR. SANJAY @ SANJAY KARKERA SON OF NARAYAN, AGED ABOUT 28 YEARS, RESIDING AT HOUSE NO. 8-154, NARNADU GUDDE, LAKSHMINAGAR, KOLALAGIRI POST, UPPURU VILLAGE, BRAHMAVARA TALUK, UDUPI DISTRICT - 576 213. …PETITIONER (BY SRI. P.P. HEGDE, SR. ADVOCATE FOR SRI. GANAPATHI BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH UDUPI WOMEN POLICE STATION, UDUPI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 01 2. NANDA, LATE NARAYANA, PREMA NILAYA, MARTALKATTE, KOLALA GIRI POST, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39060 CRL.P No. 11067 of 2025 HANVANJE VILLAGE, UDUPI - 576 125. …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP FOR R1; SRI. L. SRINIVAS BABU, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED IN CONNECTION WITH FIR DATED 30- 06-2025 IN CRIME NO.25/2025 OF UDUPI WOMEN'S POLICE STATION PENDING ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND ACJM, UDUPI, REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 64(2)(m), 69 AND 123 OF BHARATIYA NYAYA SANHITA (BNS), 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/sole accused in Crime No.25/2025 of Udupi Women Police Station, Udupi, registered for the offences punishable under Section 64(2)(m), 69, and 123 of BNS, 2023 has preferred this petition to enlarge him on bail. - 3 - HC-KAR NC: 2025:KHC:39060 CRL.P No. 11067 of 2025 2. Charge-sheet is filed against the petitioner for the offences punishable under Section 64(2)(m), 69, 123, 74 and 318(2) of BNS, 2023. 3. Heard the learned Senior Counsel appearing for petitioner, learned High Court Government Pleader for respondent No.1/State and learned counsel appearing for respondent No.2/defacto-complainant. Perused the material on record. 4. The defacto-complainant /victim has alleged that the petitioner with a promise of marriage, subjected her to sexual intercourse by deceitful means and later refused to marry her. 5. The incident is alleged to have taken place between 11.07.2024 and 30.06.2025. As per complaint averments, the parties were in love with each other for about two years. It is alleged that on 11.07.2024, both of them had been to Kalasa on a motorcycle and while returning, they stayed in one 'Suprabha Residency'. The - 4 - HC-KAR NC: 2025:KHC:39060 CRL.P No. 11067 of 2025 petitioner is alleged to have given some juice to the victim, drinking which when she was in a semi-conscious condition, he is alleged to have committed sexual intercourse with her. It is also alleged in the complaint that on 17.11.2024, the petitioner took the victim to Sringeri Temple on his bike and then applied sindoor on her forehead and telling that he has married her, took her to one Kalkuli Comfort hotel and once again committed forcible sexual intercourse. It is alleged thereafter, the petitioner did not contact the victim, and he was planning to marry some other girl. 6. Learned counsel for the defacto-complainant has filed statement of objections. He has vehemently contended that the petitioner with a false promise of marriage, subjected the victim to sexual intercourse on multiple occasions and later refused to marry her. He contended that he has damaged the reputation of the victim in the society and she is unable to lead her life as before. He contended that the petitioner and his brother- - 5 - HC-KAR NC: 2025:KHC:39060 CRL.P No. 11067 of 2025 in-law are influential persons and they have been filing false cases against the victim and the petitioner and his henchmen have even threatened and given life threat to the victim during investigation. He contended that if the petitioner is granted bail, he would definitely destroy the evidence and in view of the statement of victim, there is a prima-facie case against the petitioner. Therefore, sought for dismissing the petition. 7. Learned High Court Government Pleader appearing for the State, has contended that statement of the victim has been recorded under Section 183 of BNS, 2023, wherein she has reiterated the complaint averments. He contended that the offence committed by the petitioner is heinous in nature and there are chances of petitioner tampering with the prosecution evidence and intimidating the victim. Accordingly, sought to dismiss the petition. 8. Learned Senior Counsel appearing for the petitioner has contended that the petitioner is innocent - 6 - HC-KAR NC: 2025:KHC:39060 CRL.P No. 11067 of 2025 and the entire allegations are false. He contended that even accepting the allegations in the complaint, the ingredients of the offences alleged are not made out. He contended that the complaint lodged by the victim is a counter blast to the complaints filed against her, wherein, this petitioner has reported to the police that she has been blackmailing and threatening him. He contended that those complaints are filed prior to registration of the present case, which itself shows that the present complaint lodged against the petitioner is nothing but a counter blast to the complaint lodged against the defacto- complainant. 9. Learned Senior Counsel for the petitioner relying on the decision of the Hon'ble Apex Court in Sonu Alias Subhash Kumar V/s State of Uttar Pradesh and another reported in (2021) 18 SCC 517 contended that even if there is breach of promise, that cannot be said to be a false promise and to establish a false promise, maker of promise should have had no intention of upholding his - 7 - HC-KAR NC: 2025:KHC:39060 CRL.P No. 11067 of 2025 word at the time of giving it. It is his contention that accepting the complaint averments and other material on record, it is clear that the relationship between the petitioner and defacto-complainant was consensual in nature and defacto-complainant being a major aged about 32 years, cannot be said to have consented to the act under misconception. 10. Learned Senior Counsel submitted that the petitioner was arrested on 01.07.2025, he is in judicial custody since then. Now the investigation has been completed and charge-sheet is filed. 11. A plain reading of the complaint averments goes to show that the petitioner and the defacto- complainant/victim were in love with each other for the past two years. The petitioner is alleged to have taken her to a hotel in Kalasa, on 11.07.2024 and gave some juice, drinking which when she became unconscious, allegedly committed sexual intercourse with her. Once again, on 17.11.2024, he is alleged to have taken her to Sringeri - 8 - HC-KAR NC: 2025:KHC:39060 CRL.P No. 11067 of 2025 temple, wherein he applied sindoor on her forehead and stating that he has married her, took her to one Kalkuli Comfort hotel, wherein, again he is alleged to have committed sexual intercourse with her. 12. It is the allegation against the petitioner that on a false pretext of marriage and by deceitful means, he subjected the defacto complainant to sexual intercourse and later refused to marry her etc. 13. The complaint is lodged on 30.06.2025. It is relevant to see that the lawyer notice dated 13.05.2025 was issued to the defacto-complainant stating that she has been threatening to lodge a false complaint against the petitioner. A complaint dated 16.05.2025 was also lodged with the Women Police Station, Udupi against her. It appears that subsequent to the same, the present complaint has been lodged against the petitioner. 14. Be that as it may, in Deepak Gulati V. State of Haryana reported in (2013) 7 SCC 675, it is held - 9 - HC-KAR NC: 2025:KHC:39060 CRL.P No. 11067 of 2025 that, there must be material to show that at the initial stage itself, the accused had no intention whatsoever, of keeping his promise to marry the victim. The Hon'ble Apex Court has observed in the above decision that there may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused and not solely on account of the misconception created by accused, or when an accused, on account of circumstances which he could not have foreseen or which were beyond his control, was unable to marry her despite having every intention to do so and such cases must be treated differently. 15. The ingredients of the offences alleged against the petitioner have to be established in a full pledged trial. Admittedly, the victim is a major. Whether she submitted herself to the petitioner under misconception of fact or not, is a matter which has to be decided in due course. The petitioner has been arrested and in custody since 01.07.2025. The charge-sheet has been filed. In the facts - 10 - HC-KAR NC: 2025:KHC:39060 CRL.P No. 11067 of 2025 and circumstances, his further detention in custody is not required. Hence, by imposing conditions, the relief sought by the petitioner kindly granted. Accordingly the following: ORDER (i) Petition is allowed. (ii) Petitioner/accused in Crime No.25/2025 of Udupi Women's Police Station, pending in C.C No.1883/2025 on the file of the II Additional Senior Civil Judge and ACJM, Udupi, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one laksh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform - 11 - HC-KAR NC: 2025:KHC:39060 CRL.P No. 11067 of 2025 the Court, if there is change in the address. 3. He shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. 4. He shall not tamper with the prosecution witnesses either directly or indirectly. 5. He shall appear before the trial Court on all dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE KBM List No.: 1 Sl No.: 8 CT: BHK