- 1 - HC-KAR NC: 2025:KHC:37445 CRL.P No. 11840 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11840 OF 2025 BETWEEN: DR. AADIL BASHIR DAR S/O. MR. BASHIR AHAMED DAR, AGED ABOUT 27 YEARS, RESIDING AT ROOM NO.G-6, GROUND FLOOR, OLD KABINI HOSTEL, NIMHANS HOSPITAL QUARTERS, HOSUR ROAD, BENGALURU-560 029. PERMANENT RESIDENT OF: NEAR GOVERNMENT HIGH SCHOOL, PAHANA GRAMA, PINJURA POST, SHOPIYANA POLICE STATION LIMITS, SHOPIYANA DISTRICT, STATE OF JAMMU AND KASHMIR-192 303. …PETITIONER (BY SRI. ANIL KUMAR A.S., ADVOCATE FOR SRI. PARAMESHWARAPPA C., ADVOCATE) AND: STATE OF KARNATAKA BY SIDDAPURA POLICE STATION, BENGALURU CITY-560 029, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37445 CRL.P No. 11840 of 2025 THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ALLOW THE ABOVE PETITION AND THEREBY ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CONNECTION WITH CRIME NO.106/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 64(2)(e), 64(2)(j), 64(2)(K), 76 OF BHARATIYA NYAYA SANHITA, 2023 PENDING BEFORE THE II ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU IN C.C.NO.26758/2025. 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 Addl. SPP for the State and perused the material on record. 2. Petitioner has been arrested on 12.6.2025 in connection with a case registered at Siddapura Police Station, Bengaluru City, in Cr.No.106/2025, for the offence punishable under Section 64(2)(e), 64(2)(j), 64(2)(k) and 76 of BNS, 2023. 3. The learned Sessions Judge vide order dated 14.7.2025, passed in Crl.Misc.No.5192/2025 has rejected the prayer seeking bail. Hence, this petition. - 3 - HC-KAR NC: 2025:KHC:37445 CRL.P No. 11840 of 2025 4. Petitioner working as a Junior Primary Care Doctor is accused of committing sexual assault on the victim, admitted at NIMHANS Hospital between 28.5.2025 and 4.6.2025. It is alleged in the complaint lodged by the victim that she was admitted in NIMHANS Hospital as patient psychiatry care on 23.5.2025 and appointed the petitioner as Junior Primary Care Doctor. Initially, for few days, boundaries were maintained but thereafter, petitioner started texting her on whatsapp and having conversations with her. As he was talking in a relatively and friendly manner, she also continued conversation. It is alleged that on 28.5.2025, as her parents had refused to help her properly and made her feel helpless and when she was in an extremely vulnerable and compromised state, she hugged him. At that time, the petitioner started kissing and touching her body inappropriately etc. Again on 29th, when she had asked him to visit her as she was extremely agitated, he once again touched her body inappropriately. On 4th of June, petitioner visited her at - 4 - HC-KAR NC: 2025:KHC:37445 CRL.P No. 11840 of 2025 around 4.15 p.m., as she wanted to hug him for one last time, inspite of her resistance, he undressed her and committed rape on her, though she did not consent to any of the act he was doing. 5. Complaint is lodged on 12.6.2025. The complainant is aged about 20 years. As per the history furnished to the doctor, she is a I year Computer Science Engineering student. The allegations that inspite of resistance on her part, petitioner has committed sexual assault on her etc., is a matter to be established in due course. The ingredients of the offences alleged have to be established by the prosecution during trial. 6. Petitioner has been arrested and interrogated. He is not required for further interrogation. Investigation is completed and chargesheet is filed. Petitioner has undertaken to furnish adequate surety to ensure his regular presence before the trial Court. - 5 - HC-KAR NC: 2025:KHC:37445 CRL.P No. 11840 of 2025 7. In the above facts and circumstances, without expressing any view on the merits of the case, by imposing suitable conditions, petitioner can be enlarged on bail. Accordingly, the following: ORDER I. Petition is allowed. II. Petitioner/accused in Crime No.106/2025 of Siddapra Police Station, Bengaluru City, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) out of which, one shall be a local surety, to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 6 - HC-KAR NC: 2025:KHC:37445 CRL.P No. 11840 of 2025 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall appear before the trial Court regularly on all dates of hearing. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 45