- 1 - HC-KAR NC: 2025:KHC-D:11698 CRL.P No. 103078 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103078 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SANJU @ SANJEEV NAIK, AGE. 30 YEARS, OCC. HOUSEHOLD WORK, R/O. MALAVALLI TANDA, TQ. SHIKARIPURA, DIST. SHIVAMOGGA-577 427. … PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE HANSABHAVI POLICE STATION, HIREKERUR CIRCLE, PIN-581 111. 2. XXXX COMPLAINANT (VICTIM). … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FPR R1; SRI. PRAKASH R. BADIGER, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CASE OF HIS ARREST PURSUANT TO HANSBHAVI P.S. CRIME NO.100/2025 BY THE RESPONDENT POLICE UNDER SECTIONS 64(2)M AND 351(2) OF BNS, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11698 CRL.P No. 103078 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner is before this Court under Section 482 of BNSS 2023 seeking anticipatory bail in Crime No.100 of 2025, registered by Hansbhavi Police Station, Haveri, for offences punishable under Sections 64(2)(m) and 351(2) of BNS 2023. 2. Heard learned counsel for the parties. 3. FIR in Crime No.1 of 2025 was registered by Soraba Police Station, Shivamogga, against the petitioner herein for the aforesaid offences, based on the first information dated 30.06.2025, received from the victim girl, aged about 20 years. Subsequently, the said FIR was transferred for want of jurisdiction to Hansbhavi Police Station, Haveri, and a fresh FIR was registered in Crime No.100/2025 against the petitioner for the aforesaid offences. 4. Apprehending arrest in the said case, petitioner had filed Criminal Misc.No.489 of 2025 before the - 3 - HC-KAR NC: 2025:KHC-D:11698 CRL.P No. 103078 of 2025 Jurisdictional Sessions Court, which was rejected on 31.07.2025. Therefore the petitioner is before this Court. 5. Learned counsel for the petitioner submits that relationship between the petitioner and the victim girl was consensual. Victim is a major. It is only, after her father had attempted to commit her murder, she had approached the police station and submitted a complaint against the petitioner. Petitioner is ready and willing to co-operate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP and the learned counsel appearing for respondent No.2 have strongly opposed the prayer made in the petition. They submit that victim girl has made allegation against the petitioner in the first information, as well as in the written statement recorded under Section 183 of BNSS 2023, which would prima facie attract the alleged offence against him. Petitioner is a married person and he had no intention to marry the victim at any point of time. The victim was not - 4 - HC-KAR NC: 2025:KHC-D:11698 CRL.P No. 103078 of 2025 aware that petitioner was a married man. Victim was found to be pregnant when she was medically examined and after her parents came to know, they had assaulted her. As on the date of registration of the FIR against the petitioner, victim girl was pregnant by 7 months. They accordingly pray to dismiss the petition. 7. In the first information which is submitted by the victim girl, aged 20 years, she has stated that she got acquainted to the petitioner during the last 1 year and he used to call her over her mobile phone. In the month of May 2024, he had taken her in his motorbike to his house. Similarly he had taken her 2-3 times to his house in his motorbike. During Ganesh Festival in the year 2024, on the pretext of taking her to his sister's house, where the victim girl was working, he allegedly took her to a forest and had forcible sexual intercourse with her against her wishes. Thereafter, he had threatened her with dire consequences in the event she revealed his act to anybody. Subsequently, - 5 - HC-KAR NC: 2025:KHC-D:11698 CRL.P No. 103078 of 2025 during Deepavali festival also he had taken her similarly to the forest and had forcible sexual intercourse with her. 8. In the month of November 2024, victim girl had missed her periods and when the same was informed to the petitioner, he had stated that he would give her some tablets, but had not provided the same. Subsequently, when she visited the hospital for her health check-up, it was found that she was pregnant and therefore on 27.06.2025, her father had assaulted her, because she was pregnant even before her marriage. In respect of the alleged incident that had taken place on 27.06.2025, where the victim girl was assaulted by her father, FIR has been registered against her father in Crime No.89 of 2025, by Soraba Police Station. So far as the present case is concerned, victim girl was found to be pregnant by 7 months as on the date of she approaching the police. She has categorically made allegation against the petitioner stating that he had forcible sexual intercourse with her against her wishes. The allegations made against the petitioner would prima facie - 6 - HC-KAR NC: 2025:KHC-D:11698 CRL.P No. 103078 of 2025 attract the alleged offences. It is also submitted before this Court that petitioner is a married man and he had suppressed about the same from the victim girl. Therefore it cannot be said that the relationship between the petitioner and the victim girl was consensual and even if there was consent, the same was as a result of misrepresentation by the petitioner. Considering the nature of allegations found against the petitioner, I am of the opinion that his prayer for grant of anticipatory bail cannot be entertained. Accordingly, the following: ORDER Criminal Petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 22