- 1 - HC-KAR NC: 2025:KHC-D:9417 CRL.P No. 101816 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101816 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SHRI ADITYA S/O. NAGESH BANAVALIKAR, AGE: 25 YEARS, OCC: BUSINESS, R/O: DOOR NO.478 BANGLEWADA, BELEKARI, TQ: ANKOLA, DIST: UTTAR KANNADA-581 320. … PETITIONER (BY SRI. VENKATESH M. KHARVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH U.K. WOMEN POLICE STATION, R/BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 001. 2. VICTIM AGE: 25 YEARS, OCC: HOUSEHOLD, R/O: UTTARA KHARVIWADA, BELAMBAR, TQ: ANKOLA, DIST: UTTARA KANNADA-583 120. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. ABHISHEK L. KALLED, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN ANKOLA IN CRL. MISC. NO.129/2025 DATED 17.04.2025 IN U.K. WOMEN P.S. CRIME NO.13/2025 DATED 13.03.2025 FOR THE OFFENCE UNDER SECTIONS 64, 64(2)(M), 318(2) OF BNS AND SECTION 66(E), 67, 67(A) OF THE INFORMATION TECHNOLOGY ACT, 2008, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:44:53 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9417 CRL.P No. 101816 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.13/2025 registered by Karwar Sub-Division Women P.S., U.K. for the offences punishable under Sections 64, 64(2)(m), 318(2) of BNS and Section 66(E), 67, 67(A) of the Information Technology Act, 2008, 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. 13/2025 registered by Karwar Sub-Division Women P.S., U.K. for the aforesaid offences against the petitioner herein based on the first information dated 13.03.2025 received from the victim lady aged about 25 years. Apprehending arrest in the case, the petitioner had filed Criminal Miscellaneous No.129/2025 - 3 - HC-KAR NC: 2025:KHC-D:9417 CRL.P No. 101816 of 2025 before the jurisdictional Sessions Court which was rejected on 17.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner has reiterated the grounds urged in the petition prays to allow the petition. 5. Per contra, learned HCGP and learned counsel appearing for de-facto complainant who has filed statement of objections have opposed the petition. They submit that in the first information in addition to the allegation of petitioner having sexual intercourse with a false promise to marry the victim, there is also allegation that the petitioner has circulated the personal photos and videos of the victim girl in social media and therefore, his custodial interrogation is necessary. Accordingly, they pray to dismiss the petition. 6. From a reading of the first information submitted by the victim lady aged about 25 years, it is found that the petitioner and the victim lady got - 4 - HC-KAR NC: 2025:KHC-D:9417 CRL.P No. 101816 of 2025 acquainted in the month of March 2024 through instagram application. In the first information, it is stated that subsequently, they were exchanging messages and also started loving each other. Petitioner allegedly had promised to marry the victim girl. It is stated that in the month of July 2024, she has accompanied the petitioner to Ankola and they had traveled in his motorbike. From Ankola, they had gone to Gokarna and had stayed in a lodge near the beach and she has alleged that in the said lodge, petitioner had raped her. She has further alleged that in the month of January 2025, she and the petitioner had gone to Udupi in his motor bike and stayed in a lodge near the beach at Udupi and petitioner had sexual intercourse with her with a promise to marry her. She has further alleged that in Udupi as well as in Gokarna petitioner had recorded her private videos and photographs in his mobile phone and he has subsequently shared the same with others. She has further alleged that when she tried to contact him after February, his - 5 - HC-KAR NC: 2025:KHC-D:9417 CRL.P No. 101816 of 2025 instagram account was blocked and when she contacted his relative, they orally informed her that petitioner will not marry her. It is under these circumstances the victim lady has approached the police. 7. The victim lady who has alleged that petitioner had committed rape on her in the month of July 2024, subsequently went with him to various places and had stayed with him. From the over all reading of the first information, it appears that relationship between the parties was a concessional relationship. The apprehension expressed by the learned counsel for respondent No.2 can be taken care of by imposing appropriate condition on the petitioner who has no other criminal antecedent. Under the circumstances, I am of the opinion that reserving liberty to the investigation officer to seek custody of the petitioner, if it is necessary, by filing application before the jurisdictional Magistrate, the prayer made by the petitioner in the present case needs to be allowed. Accordingly, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:9417 CRL.P No. 101816 of 2025 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.13/2025 registered by Karwar Sub-Division Women P.S., U.K. for the offences punishable under Sections 64, 64(2)(m), 318(2) of BNS and Section 66(E), 67, 67(A) of the Information Technology Act, 2008, subject to the following conditions: i. The petitioner shall appear before the Investigating Officer on 07.08.2025 between 10.00 am and 11.00 am and on the said date, the Investigation officer is at liberty to take the petitioner to custody for the purpose of interrogation if necessary. However, it is made clear that petitioner shall be released by the Investigating Officer on the same day on or before 6:00-p.m., subject to the petitioner executing 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. - 7 - HC-KAR NC: 2025:KHC-D:9417 CRL.P No. 101816 of 2025 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 VMB CT:BCK LIST NO.: 1 SL NO.: 18