- 1 - HC-KAR NC: 2025:KHC-D:9258 CRL.P No. 101724 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101724 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: PRABHUGOUDA S/O APPASAHEB BIRADER, AGE: 35 YEARS, OCC: MANAGER, R/O: NEAR GOVT. SCHOOL, AMBIHAL VILLAGE, TQ: SHORAPUR, DIST: YADGIRI-585 224. … PETITIONER (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BALLARY WOMEN P.S., TQ: AND DIST: BALLARI, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580 011. 2. S. ALICE SHOHE, AGE: 27 YEARS, OCC: UNKNOWN, R/O: ROOM NO.21, 4TH FLOOR, HOUSE NO.65E, NEAR GURUDWAR, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9258 CRL.P No. 101724 of 2025 DDA CAR PARKING, MUNIRKA, TQ: MUNIRKA, DIST: DELHI (SOUTH WEST)-110 067. … RESPONDENTS (BY SMT. KIRTILATA PATIL, HCGP FOR R1; SRI. ANNESAHEB SHALAGAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO ENLARGED THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST AND RELEASE THE PETITIONER/ACCUSED ON BAIL FOR THE CASE REGISTERED IN CRIME NO.14/2025, DATED 29.01.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 376, 354(D), 468, 499, 504, 506, 509 OF IPC AND UNDER SECTION 66(E), 67(A) OF INFORMATION TECHNOLOGY ACT, 2000, BY BALLARI WOMEN PS, BALLARI, PENDING ON THE FILE OF 4TH ADDL. JUDGE AND JMFC, BALLARI AND ALLOW THE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9258 CRL.P No. 101724 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.14/2025 registered by Ballari Women P.S. for the offences punishable under Sections 376, 354D, 468, 499, 504, 506, 509 of the Indian Penal Code (IPC), Sections 66E and 67A of the Information Technology Act, 2000, is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.14/2025 was registered by the Ballari Women P.S., Balllari for the aforesaid offences against the petitioner herein based on the first information dated 29.01.2025 received from the victim lady aged about 27 years. Apprehending arrest in the case, the petitioner had filed Criminal Miscellaneous No.139/2025 before the jurisdictional Sessions Court which was rejected on 08.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the records would go to show that petitioner and the victim lady - 4 - HC-KAR NC: 2025:KHC-D:9258 CRL.P No. 101724 of 2025 are acquainted to each other for the last near to six years and they were in consensual relationship. Only after the same had failed, she had made a false complaint against him. He submits that the earlier criminal case now pending before the jurisdictional Sessions Court in S.C. No.3/2025 for offences punishable under the Immoral Traffic Act (Prevention) Act, 1956 was registered when the petitioner was working as a Manager at Bliss Spa along with the victim lady. In the said case, he has been granted regular bail by the jurisdictional Court of Magistrate. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP and learned counsel appearing for respondent No.2 who has filed statement of objections have opposed the petition. They submit that the petitioner had induced the victim lady and had made a false promise of marrying her and thereafter had sexual intercourse with her. Learned counsel for respondent No.2 submits that petitioner has criminal antecedents and after registration of FIR in the present case, he has threatened the victim lady of dire consequences and also of circulating her private photos and videos in social media. Accordingly, they pray to dismiss the petition. - 5 - HC-KAR NC: 2025:KHC-D:9258 CRL.P No. 101724 of 2025 6. Perusal of the material on record would go to show that petitioner and the victim girl got acquainted to each other in the year 2019 when they were together working at a Spa in Ballari known as “Bliss Spa”. They had worked together from the year 2019 to 2023 and the allegation against the petitioner in the first information is that he had physical relationship with the victim lady with a promise to marry her. It is further alleged that subsequently he has refused to marry her and when he was confronted, he had allegedly threatened to circulate the private photos and videos of the victim lady in social media. 7. The earlier case was registered against the petitioner while he was serving as a Manager in the aforesaid Bliss Spa and accused No.2 in the said case is said to be the owner of the said Spa. It is not in dispute that in the earlier case which was registered against the petitioner for the offences punishable under the Immoral Traffic (Prevention) Act, which is now pending in S.C. No.3/2025 before the jurisdictional Sessions Court he was granted regular bail by the Court of learned Magistrate. - 6 - HC-KAR NC: 2025:KHC-D:9258 CRL.P No. 101724 of 2025 8. So far as present case is concerned, it appears that the parties were in consensual relationship for a considerable period of time and only after the said relationship had failed, the victim lady had approached the Police and filed a complaint against the petitioner. Material on record would go to show that the investigation of the present case is completed and charge sheet had already filed. Therefore, custodial interrogation of the petitioner is not required in the present case, more so, having regard to the nature of allegation found against him in the first information. Under the circumstances, I am of the opinion that the prayer made by the petitioner in the present needs to be allowed. Accordingly, I proceed to pass the following: ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.14/2025 registered by Ballari Women Police Station for the offences punishable under Sections 376, 354D, 468, 499, 504, 506, 509 of the IPC, Sections 66E and 67A of the Information Technology Act, 2000, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC-D:9258 CRL.P No. 101724 of 2025 i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE Rsh/CT:BCK LIST NO.: 1 SL NO.: 20