Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:45995 CRL.P No. 13442 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13442 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:
MR. MOHAMMAD KAIF S/O EJAZ ANSARI, AGED ABOUT 23 YEARS, PRESENTLY R/AT NO.406, SREENIDHI PG, JAKKASANDRA, KORAMANGALA 1ST BLOCK, BANGALORE - 560 034.
PERMANENT RESIDENT OF S/O. EJAZ ANSARI, DURGANAGAR, WEST CHAMPARAN, BIHAR - 845 106. …PETITIONER (BY SRI. CHETAN V, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY HENNUR POLICE STATION REPRESENTED BY SPP, HIGH COURT OF KARNATAKA - 560 001.
2.
SHIKHA BHATTACHARYA D/O.SHELLY BHATTACHARYA.
AGED ABOUT 29 YEARS, R/AT.NO.1302, B-BLOCK,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:45995 CRL.P No. 13442 of 2025
PLAMA HEIGHTS, HENNUR, BAGALUR MAIN ROAD, BENGALURU - 560 043. …RESPONDENTS (BY SRI. JAGADEESHA B.N, ADDL. SPP FOR R1;
SRI. MARTHESHA G.S, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN SC NO.1191/2025 ARISING OUT OF CRIME NO.234/2025 REGISTERED BY THE HENNUR POLICE STATION FOR THE ALLEGED OFFENCES P/U/S 64, 69, 351(2), 352 OF BNS 2023 WHICH IS PENDING BEFORE THE COURT OF THE LIII ADDL.CITY CIVIL AND SESSIONS SPECIAL JUDGE 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 both sides and perused the material on record.
2. Petitioner is seeking to enlarge him on bail in SC No.1191/2025, on the file LIII Additional City Civil and
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HC-KAR NC: 2025:KHC:45995 CRL.P No. 13442 of 2025
Sessions Special Judge, Bengaluru, arising out of Crime No.234 of 2025 of Hennur Police Station, Bengaluru City.
3. FIR is registered on a complaint lodged by the victim/respondent No.2, wherein she has alleged that the petitioner with a false promise of marriage, developed a physical relationship with her and later refused to marry and also threatened her etc. Charge sheet is filed for the offence punishable under Sections 64, 69, 351 (2) and 352 of BNSS 2023.
4. The Learned Additional SPP has contended that the petitioner has multiple social profiles, having contact with different persons and the complainant in the present case is one of the victim's. He contended that the petitioner with a malafide intention, subjected the victim to repeated sexual intercourse and later deceived her, which is a clear case of rape and the ingredients of the offences alleged are made out. He further contended, if the
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HC-KAR NC: 2025:KHC:45995 CRL.P No. 13442 of 2025
petitioner is granted bail, he may intimidate the victim and other prosecution witnesses and also flee from justice.
5. Admittedly, the victim is a major aged about 29 years. The material on record reveals that both the victim and the petitioner got acquainted with each other at one Bombay Adda Pub in the year 2024. It is alleged, since then the accused by deceiving the victim, with a false promise of marriage, subjected her to sexual intercourse and later refused to marry and thereby cheated her etc.
6. The ingredients of the offence alleged to have been committed by the petitioner have to be established in a full-fledged trial. The petitioner was arrested on 06.06.2025 and since then he is in judicial custody. The statement of the victim is already recorded under Section 183 of BNSS. Investigation is completed and charge sheet is filed. The apprehension of the prosecution can be safeguarded by imposing stringent conditions. Hence,
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HC-KAR NC: 2025:KHC:45995 CRL.P No. 13442 of 2025
without expressing any view on the merits of the case, petitioner can be granted bail.
ORDER
Petition is allowed.
Petitioner/accused in Crime No.234/2025 of Hennur Police Station, Bengaluru City pending in SC No.1191/2025, on the file LIII Additional City Civil and Sessions Special Judge, Bengaluru, shall be released on bail subject to following conditions: a) Petitioner shall execute a bond in a sum of Rs.1,00,000/- (Rupees One lakh Only) with two sureties for the likesum to the satisfaction of the Sessions Court. b) Petitioner shall not contact the victim, intimidate or threaten her in any manner and shall not tamper with the prosecution evidence/witnesses either directly or indirectly.
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HC-KAR NC: 2025:KHC:45995 CRL.P No. 13442 of 2025
c) Petitioner shall furnish proof of his residential address and shall inform the Court, if there is change in the address. d) Petitioner shall appear before the trial Court on all dates of hearing without fail.
Sd/- (MOHAMMAD NAWAZ) JUDGE
ASN List No.: 1 Sl No.: 10