Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31353 CRL.P No. 9974 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9974 OF 2025
BETWEEN:
SRI. SHASHIKUMAR N.K.
S/O. KRISHNAPPA, AGED ABOUT 30 YEARS, R/AT. NAGANAYAKANAHALLI, KOLAR TALUK, GUMMAREDDYPURA, KOLAR-563 126. …PETITIONER
(BY SRI. GURUPRASAD P., ADVOCATE)
AND:
STATE OF KARNATAKA BY KADUGODI P.S., BENGALURU RURAL DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT
(BY MS. ASMA KOUSER, ADDL. SPP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER (ACCUSED) AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER (ACCUSED) ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.282/2025 OF RESPONDENT KADUGODI POLICE STATION REGISTERED FOR THE ALLEDGED OFFENCES PUNISHABLE UNDER SECTIONS 69 OF THE BHARATIYA NYAYA SANHITA (BNS) 2023, PENDING ON THE
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31353 CRL.P No. 9974 of 2025
FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ACJM), BENGALURU RURAL DISTRICT AT BENGALURU.
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 respondent/State and perused the material on record.
2. Petitioner, arraigned as an accused in Cr.No.282/2025 of Kadugodi police station, Bengaluru, registered for the offence punishable under Section 69 of BNS, 2023, apprehending his arrest, filed an application for anticipatory bail before the Sessions Court in Crl.Misc.No.1093/2025. The said petition was rejected vide order dated 5.7.2025. Hence, this petition seeking anticipatory bail before this Court.
3. It is averred in the complaint that the complainant, working as an English Lecturer, was in a
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HC-KAR NC: 2025:KHC:31353 CRL.P No. 9974 of 2025
relationship with the petitioner for about two years. It is alleged that during the said period, the petitioner, by his words, conduct and repeated assurances of marriage and that he would not cheat or deceive her, induced the complainant into a physical relationship on the assurance that he would marry her. About a month prior to lodging of the complaint, the complainant learnt that the accused was intending to marry another woman. Thereafter, upon informing her mother, the complainant’s mother contacted the accused father, who allegedly denied the relationship and spoke dismissively. It is further alleged that, despite repeated attempts over the past month, the accused and his family have avoided all communication. The complainant states that, as a result of the accused conduct, she and her family have suffered severe mental agony and humiliation.
4. Learned Addl. SPP contended that the investigation is under progress and in view of the statement of the victim, there is a prima facie case against
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HC-KAR NC: 2025:KHC:31353 CRL.P No. 9974 of 2025
the petitioner and therefore, if he is granted the relief for anticipatory bail, he may not co-operate with the investigation of the case.
5. Undisputedly, the complainant is aged about 27 years. It is stated that for the last two years she was in love with the petitioner. The allegations are that, with a false promise of marriage, petitioner had physical relationship with the complainant and later avoided her calls etc.
6.
Learned counsel for the petitioner has contended that, in the complaint bald and vague allegations are made against the petitioner without disclosing the place or date of alleged incident. He contended that the offence alleged is not punishable with death or imprisonment for life and petitioner is ready and willing to abide by any conditions.
7. Allegations are that the petitioner with a false promise of marriage, developed physical relationship with
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HC-KAR NC: 2025:KHC:31353 CRL.P No. 9974 of 2025
the complainant and thereafter, cheated her etc. Petitioner and the complainant were known to each other for the past two years. Complainant is a major aged 27 years. The allegations have to be established in due course. Apprehension of the prosecution can be safeguarded by imposing suitable conditions. Petitioner may not be required for custodial interrogation, the relief sought in the petition can therefore, be granted. Hence, the following:
ORDER
1. Petition is allowed.
2. Petitioner/accused in Crime No.282/2025 registered by Kadugodi Police Station, Bengaluru City, shall 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 receipt of a copy of this order and shall execute a personal bond for a sum of
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HC-KAR NC: 2025:KHC:31353 CRL.P No. 9974 of 2025
Rs.1,00,000/- (Rupees one lakh only) with a surety for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. 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
TL List No.: 1 Sl No.: 70