- 1 - HC-KAR NC: 2025:KHC:33614 CRL.P No. 10073 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 10073 OF 2025 BETWEEN: SRI BALAMURALI S/O KUMAR AGED ABOUT 25 YEARS R/AT SANJAY GANDHI NAGAR ROBERTSONPET, K.G.F TALUK KOLAR - 563 122. …PETITIONER (BY SRI NANJUNDA GOWDA M R, ADVOCATE) AND: THE STATE OF KARNATAKA BY ROBERTSONPET POLICE, KOLAR REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR.AMBEDKER VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME No.59/2025 OF ROBERTSONPET POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(2)(n) AND 420 OF IPC NOW WHICH IS PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL J.M.F.C, KOLAR DISTRICT, K.G.F. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33614 CRL.P No. 10073 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned HCGP for the State and perused the material on record. 2. A case in Crime No.59/2025 is registered at Robertsonpet Police Station, KGF, against the petitioner, for the offence punishable under Section 376(2)(n) and 420 of IPC, on a complaint lodged by the victim. It is averred in the complaint that the victim was married to one Dinesh Kumar on 07.06.2020 and since she did not beget any children, differences arose between them and in the month of April 2024 they got divorced. Further, in the month of May 2023 when the victim visited one herbal life juice shop, she met the petitioner and thereafter, they became friends. It is alleged that with a promise of marriage, accused developed physical relationship with her - 3 - HC-KAR NC: 2025:KHC:33614 CRL.P No. 10073 of 2025 and later when she became pregnant, refused to marry her. 3. Learned HCGP contended that the investigation is in progress and in view of specific averments in the complaint that the petitioner has committed sexual intercourse with the victim, with a false promise of marriage and then refused to marry her, there is a prima- facie case against the petitioner for having committed the offence punishable under Section 376(2)(n) and 420 of IPC. He contended that if the petitioner is granted the relief of anticipatory bail, he may not co-operate with the investigation of the case and he may threaten the victim and other prosecution witnesses. 4. Learned counsel for the petitioner contended that at no point of time petitioner had an intention to deceive the victim, on the other hand, petitioner is still ready to marry her. He contended that if the averments in the complaint are taken at its face value, the ingredients of the offences alleged are not made out. He contended, - 4 - HC-KAR NC: 2025:KHC:33614 CRL.P No. 10073 of 2025 victim is a divorcee, aged about 22 years and complaint is lodged after an inordinate delay. He contended that petitioner is ready and willing to co-operate with the investigation of the case and abide by any conditions which this Court may impose and accordingly, sought to allow the petition. 5. As per complaint averments, in the year 2024, the complainant obtained divorce from her husband. The complaint averments would reveal that even prior to obtaining divorce, since May 2023, victim was acquainted with the petitioner and they were talking over phone. It is alleged that on 01.06.2024, with a promise of marriage, petitioner committed sexual intercourse with the victim in her house and continued to visit her house and developed a physical relationship. It is stated that the matter was known to victim’s mother, her brother and even the family members of the accused. As per complaint, victim was 9 months pregnant, when she lodged the complaint. The allegations that on a false pretext of marriage, petitioner - 5 - HC-KAR NC: 2025:KHC:33614 CRL.P No. 10073 of 2025 has committed sexual intercourse with the victim and refused to marry etc., is a matter which has to be established in due course. The fact remains that since May 2023, victim and the petitioner were known to each other and as per complaint, they were in a physical relationship for the past one year. The ingredients of the offences alleged, have to be proved in a full-fledged trial. In the facts and circumstances, custodial interrogation of the petitioner may not be required. Hence, relief sought can be granted, imposing conditions. ORDER Petition is allowed. Petitioner/accused in Crime No.59/2025 registered by Robertsonpet Police Station, KGF, is ordered to be released, in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of - 6 - HC-KAR NC: 2025:KHC:33614 CRL.P No. 10073 of 2025 receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum. b) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 27