- 1 - HC-KAR NC: 2025:KHC:34698 CRL.P No. 11663 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11663 OF 2025 BETWEEN: MR. SRIKRISHNA J RAO AGED ABOUT 21 YEARS, S/O. P.G. JAGANNIVASA RAO, R/AT V-1259/10,BAPPALIGE, BYPASS ROAD, PUTTUR KASABA VILLAGE, PUTTUR TALUK, D.K.DISTRICT-574201. (IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. P.P.HEGDE, SENIOR COUNSEL FOR SRI. GANAPATHI BHAT, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH PUTTUR WOMEN'S POLICE STATION, REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR OF HIGH COURT OF KARNATAKA, BENGALURU-01. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 439 OF CR.P.C (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED IN CONNECTION WITH FIR DATED 24.06.2025 IN CR.NO.49/2025 PUTTUR WOMEN P.S D.K DISTRICT FOR THE ALLEGED O/P/U/S 64(1), 69 OF BNS, 2023 NOW PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT PUTTUR D.K.DISTRICT. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34698 CRL.P No. 11663 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed under Section 483 of BNSS, 2023 seeking to enlarge the petitioner on bail for the offences punishable under Section 64(1) and 69 of BNS, 2023 now pending in Cr.No.49/2025 on the file of Principal Civil Judge (Jr.Dn) and JMFC Court, Puttur, D.K. District. 2. The learned Senior Counsel reiterating the grounds would point out that the petitioner and the victim had acquaintance and they were in relationship and now that investigation is concluded and petitioner's blood is also secured and sent for forensic lab, petitioner who is in judicial custody for the last two months and is pursuing engineering is entitled to be released on bail. 3. However, learned additional SPP would point out that it is not a case of consensual sex. There was a forcible physical relationship which has led to pregnancy of 71/2 - 3 - HC-KAR NC: 2025:KHC:34698 CRL.P No. 11663 of 2025 months and therefore, no indulgence is warranted at the hands of this Court. 4. Having heard the learned counsel on record, this Court has given a anxious consideration to the complaint lodged by the victim. From a perusal of the complaint, it is clearly evident that the victim acknowledges that she was having an affair with the petitioner. She has further acknowledged that she used to visit the accused’s house frequently. If these relevant allegations in the written complaint tendered by the victim are taken into consideration, prima facie, this Court is of the view that the physical relationship between two adults appears to be consensual, which needs examination during the full fledged trial and therefore the petitioner is entitled for some indulgence at the hands of this Court. 5. This Court therefore, only by taking cognizance of the relevant averments which are found in the complaint is of the view that since investigation is accomplished and a final report is filed and the fact that the petitioner’s blood sample is also secured, this Court is of the view that the petitioner cannot - 4 - HC-KAR NC: 2025:KHC:34698 CRL.P No. 11663 of 2025 be kept in judicial custody which clearly violates his fundamental right to personal liberty (equity) under Article 21 of the Constitution of India. Therefore, this Court deems it fit to grant bail. 6. Accordingly, this Court proceeds to pass the following: ORDER (i) Petition is allowed. (ii) Petitioner is enlarged on bail subject to furnishing a bond for a sum of Rs.1,00,000/- with one surety for the like sum. (iii) The petitioner shall not indulge in tampering the prosecution witnesses. (iv) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause. - 5 - HC-KAR NC: 2025:KHC:34698 CRL.P No. 11663 of 2025 (v) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 130