- 1 - HC-KAR NC: 2025:KHC:38407 CRL.P No. 10730 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10730 OF 2025 BETWEEN: YESHAS KUMAR S/O. LATE. UMESH KUMAR AGED ABOUT 31 YEARS, RESIDING AT NO. 6, BELAKU, 1ST CROSS, AYYAPPA ENCLAVE, KOGILU MAIN ROAD, YELAHANKA, BENGALURU- 560 064. …PETITIONER (BY SRI. LOKESH BABU M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KOTHANUR P.S. BENGALURU. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU -560 001. 2. NIVETHA D/O R.MOHAN, AGED ABOUT 31 YEARS, R/AT NO.70209, TOWER-7, NICKCO HOMES I, THANISANDRA MAIN ROAD, BANGALORE- 560064. …RESPONDENTS (BY SRI. R.RANGASWAMY, HCGP, R2 SD) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38407 CRL.P No. 10730 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.83/2025 OF KOTHANUR P.S. FOR AN ALLEGED OFFENCE P/U/S 115(2),351(2),69,74 OF BNS PENDING ON THE FILE OF THE HONBLE XXIX A.C.J.M AT BENGALURU CITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is the sole accused in Crime No.83/25 of Bengaluru City registered for the offence punishable under Section 115(2), 351(2), 69 and 74 of Bharatiya Nyaya Sanhita (BNS), 2023. 2. Heard learned counsel for the petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. Learned HCGP has filed a memo along with a copy of the police notice and acknowledgement for having served notice on the de-facto complainant-respondent no.2. 4. In her complaint lodged with the police, respondent no.2 has alleged that she came in contact with the petitioner on - 3 - HC-KAR NC: 2025:KHC:38407 CRL.P No. 10730 of 2025 04.11.2024 and developed friendship. Petitioner with a false pretext of marriage, committed forcible sexual intercourse with her on 02.02.2025 and thereafter, exploited her sexually on numerous times on the pretext of marriage. It is further alleged that recently she came to know that the petitioner was already married but misrepresented to her that he has applied for divorce and he will marry her. It is further alleged that the petitioner has taken money from her on multiple occasions, approximately around Rs.5,00,000/- and, on 31.03.2025 between 8.15 p.m. to 8.30 p.m, he threatened the complainant saying that if she forced him to marry, he will circulate the photos and videos and physically assaulted her etc. 5. The incident has taken place between 04.11.2024 and 31.03.2025. Complaint is lodged on 04.04.2025. Complainant is a major, aged about 31 years. No reasons are forthcoming for lodging the complaint belatedly. At this stage, there is no material to show that any such videos or pictures of the complainant are with the petitioner or he has received a sum of about Rs.5,00,000/- from the complainant. - 4 - HC-KAR NC: 2025:KHC:38407 CRL.P No. 10730 of 2025 6. Learned counsel for the petitioner has filed a memo along with the representation of the complainant given to the Police wherein she has stated that the issue has been solved amicably and both of them have agreed not to disturb and contact each other in future. 7. Learned HCGP contended that investigation is in progress and if the petitioner is granted the relief sought in the petition, he may not co-operate in the investigation and he may threaten the complainant. 8. The apprehension of the prosecution can be taken care by imposing suitable conditions. In the facts and circumstances, the following: ORDER i) Petition is allowed. ii) Petitioner/accused in Crime No.83/25 of Kothanur Police Station shall be released in the event of his arrest subject to the following conditions: a) He shall appear before the Investigating Officer within one week from the date of - 5 - HC-KAR NC: 2025:KHC:38407 CRL.P No. 10730 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 a surety for the likesum. b) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of any 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 rs List No.: 1 Sl No.: 25