- 1 - HC-KAR NC: 2025:KHC:37149 CRL.P No. 10648 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10648 OF 2025 BETWEEN: SATHISHNAIKA @ SATHISHANIK @ SATHISH NAIK K S/O KRISHNA NAIK, AGED ABOUT 31 YEARS R/AT BANJARA BIDI, HOSUR VILLAGE, SHIKARIPURA, SHIVAMOGGA - 577 427. …PETITIONER (BY SRI K.DIWAKARA, SENIOR ADVOCATE FOR SRI. ADITYA D, ADVOCATE) AND: STATE OF KARNATAKA BY SHIRALAKOPPA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY MISS ASMA KOUSER, ADDL.SPP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.1282/2025 ARISING OUT OF Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37149 CRL.P No. 10648 of 2025 CR.NO.61/2025 REGISTERED BY SHIRALAKOPPA P.S. PENDING ON THE FILE OF THE I ADDL.CIVIL JUDGE AND J.M.F.C AT SHIKARIPURA FOR THE OFFENCE P/U/S 69, 64(2) (m), 308(2), 331(4), 351(2) OF 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 This petition is preferred under Section 483 of BNSS, 2023 by the sole accused in Crime No.61/2025 of Shiralakoppa Police Station, Shikaripura to enlarge him on bail. 2. Heard the learned Senior Counsel and the learned Additional State Public Prosecutor. Perused the material on record. 3. Aforementioned case is registered against the petitioner, on a compliant lodged by the victim, for the offence punishable under Sections 308(2), 351(2), 69, 64(2)(m) of BNS, 2023. Charge-sheet is filed for the - 3 - HC-KAR NC: 2025:KHC:37149 CRL.P No. 10648 of 2025 offence punishable under Sections 69, 64(2)(m), 308(2), 331(4), 351(2) of BNS, 2023. 4. In her complaint, victim has alleged that the petitioner/accused has committed forcible sexual intercourse on her and then promised to marry but cheated her. Further, he has obtained her private pictures and extorted money from her, threatening that he will upload the pictures in social media, etc., 5. The learned Additional State Public Prosecutor has filed detailed statement of objections, opposing the prayer for bail. She contended that there are other criminal cases registered against the petitioner and the nature of crimes committed by him show that he has a tendency to create disturbance, as he along with his associates has created unrest and obstructed law and order, during a protest rally organized by a particular community. She contended that if the petitioner is released on bail, he may commit similar offences and - 4 - HC-KAR NC: 2025:KHC:37149 CRL.P No. 10648 of 2025 create fear among the public and threaten the victim in the present case. 6. The learned Additional State Public Prosecutor further contended that victim has given the statement before the learned Magistrate reiterating the complaint averments and therefore, there is a prima-facie case against the petitioner, hence, he is not entitled for bail. 7. The learned Senior Counsel for petitioner contended that false cases are registered against the petitioner, which are all politically motivated. He contended that in the case on hand, victim is a major aged 30 years and even according to her, the first incident took place in the month of August, 2024, but no complaint was lodged. He contended, the allegations that victim was being subjected to sexual intercourse by petitioner, posing threat to her and he took some pictures of her, etc., are also false since the police though recovered his mobile has stated that there are no pictures whatsoever found in his mobile phone. He contended that the petitioner has been - 5 - HC-KAR NC: 2025:KHC:37149 CRL.P No. 10648 of 2025 arrested and interrogated, he is not required for further interrogation and now the charge-sheet is also filed. Accordingly, he sought to allow the petition. 8. A careful perusal of the complaint averments goes to show that the victim has been running a tea shop and the petitioner in the guise of visiting the shop, got an acquaintance with her. It is alleged that with a promise of marriage, he befriended the victim and in the month of August, 2024, committed forcible sexual intercourse with the victim, at knife point. The further allegations in the complaint are that the petitioner continued to commit sexual intercourse with the victim when there was no-one in the shop and clicked some intimate pictures of her. It is also alleged that he received a hand loan of Rs.2 Lakhs from her, threatening that he will upload the pictures in the social media, etc. 9. The complaint is lodged on 05.03.2025. It is averred in the complaint that when the petitioner and the victim were together, her uncle saw them and he held - 6 - HC-KAR NC: 2025:KHC:37149 CRL.P No. 10648 of 2025 petitioner's collar and reprimanded him. Thereafter, he enquired with the victim and it appears that after the said incident, complaint was lodged against the petitioner. 10. Admittedly, the complainant is a major, aged about 30 years. The allegations that complainant was raped by the petitioner, with a false promise of marriage and that he obtained loan of Rs.2 Lakhs, threatening the victim with dire consequences that he will upload her pictures on social media, etc., is a matter, which has to be established during trial. It is not the case of the prosecution that after seizure of petitioner's mobile, any such video or pictures are retrieved. Registration of cases against the petitioner in the past itself is not a ground to refuse his prayer for bail. Therefore, the petitioner can be enlarged on bail by imposing stringent conditions. Hence, the following order: ORDER i) Petition is allowed. - 7 - HC-KAR NC: 2025:KHC:37149 CRL.P No. 10648 of 2025 ii) Petitioner/Accused in C.C.No.1282/2025 pending before the I Additional Civil Judge and JMFC, Shikaripura arising out of Crime No.61/2025 of Shiralakoppa Police Station, shall be enlarged on bail, subject to the following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the Jurisdictional Court. 2. He shall furnish proof of his residential address, contact number and shall inform the I.O./Court, if there is change in the address or the contact number. 3. He shall not contact the victim, intimidate or influence her in any manner and shall not directly or indirectly tamper with the prosecution witnesses in any manner. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the Trial Court regularly on every date of hearing. - 8 - HC-KAR NC: 2025:KHC:37149 CRL.P No. 10648 of 2025 Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DH List No.: 1 Sl No.: 29