- 1 - HC-KAR NC: 2025:KHC:45203 CRL.P No. 12198 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12198 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: SAGAR S S/O. SHEKAR AGED ABOUT 30 YEARS, RESIDING AT FLAT NO.5, 5TH FLOOR, SUMUKHA PLATINUM APARTMENT, # 435/436, 3RD 'A' CROSS ROAD, MARUTHI LAYOUT, NEAR SAPTHAGIRI APARTMENTS, SUBRAMANYAPURA, BENGALURU - 560 061. …PETITIONER (BY SRI. ABHINAY Y.T., ADVOCATE) AND: THE STATE OF KARNATAKA BY SUBRAMANYAPURA POLICE STATION, REP.BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER IN THE CRIME NO.279/2025 PENDING ON THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45203 CRL.P No. 12198 of 2025 FILE OF XXX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU FOR OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 318(4), 352, 352(2), 69 READ WITH SECTION 3(5) OF BNS. REGISTERED BY SUBRAMANYAPURA POLICE STATION. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 483 of Bharatiya Nyaya Sanhita, 2023 praying to grant bail in Crime No.279/2025 of Subramanyapura Police Station registered for offences punishable under Sections 115(2), 318(4), 352, 352(2), 69 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, the victim earlier had filed a complaint on - 3 - HC-KAR NC: 2025:KHC:45203 CRL.P No. 12198 of 2025 17.06.2025 and there was no allegation of any sexual intercourse by this petitioner on her. The said complaint has been closed after the petitioner returned the iPhone and other articles to the victim. The victim has admitted that she filed a complaint on 17.06.2025, in her statement recorded under Section 183 of BNSS. The parents of the petitioner i.e., accused Nos.2 and 3 have been granted anticipatory bail. The investigation is over and charge sheet has been filed. The petitioner is not having any criminal antecedents. The petitioner is ready to abide by any terms and conditions to be imposed by this Court. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioner under the promise of marriage had sexual intercourse with the victim and he had taken the money, iPhone etc., from the victim. The same is forthcoming in exchange of - 4 - HC-KAR NC: 2025:KHC:45203 CRL.P No. 12198 of 2025 Whatsapp messages and UPI transactions. Earlier, the victim filed a complaint on 12.07.2025 against the petitioner. The petitioner has cheated the victim. If the petitioner is granted bail, he will threaten the victim and other prosecution witnesses. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused FIR, compliant, charge sheet and other materials placed on record. 6. The victim is twenty three (23) years old and the petitioner is thirty (30) years old. On perusal of the averments made in the compliant, it is clear that, there was love affair between them. The victim has filed a complaint on 17.06.2025 against the petitioner. In the said complaint, there is no allegation of any sexual intercourse by this petitioner on her. In the said complaint, the statement of the petitioner has been recorded wherein he has stated that, he has returned iPhone and other - 5 - HC-KAR NC: 2025:KHC:45203 CRL.P No. 12198 of 2025 articles to the victim. Whether this petitioner has cheated the victim by promising to marry her and having sexual intercourse with her is a matter of trial. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner has undertaken to appear before the trial Court and abide by any terms and conditions to be imposed by this Court. The petitioner is not having any criminal antecedents. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner/accused No.1 is granted bail in Crime No.279/2025 of Subramanyapura Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One - 6 - HC-KAR NC: 2025:KHC:45203 CRL.P No. 12198 of 2025 Lakh only) with one surety for the likesum to the satisfaction of the Jurisdictional Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iv) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 6