- 1 - HC-KAR NC: 2025:KHC:34836 CRL.P No. 9463 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9463 OF 2025 BETWEEN: MR. SHIVANNA P. S/O PAPANNA BOVI, AGED ABOUT 33 YEARS, RAVANDUR HOBALI, PIRIYAPATNA, DODDABYLALU, PIRIYAPATNA TALUKU, MYSORE, KARNATAKA, 571 108 PIN. …PETITIONER (BY KUM./SMT.: POOJA KATTIMANI, ADVOCATE FOR SRI. DINESH KUMAR RAO, ADVOCATE) AND: STATE BY INSPECTOR OF POLICE BYLAKUPPE POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR (HCGP), HIGH COURT OF KARNATAKA-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL BY ACCEPTANCE OF SOLVENT SURETIES OR AS IN THE MANNER THAT THIS HON’BLE COURT DEEMS FIT IN FIR NO.127/2025 DATED 15.06.2025 REGISTERED BY BYLAKUPPE POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 127(2), 308(7), 308(2), 352, 351(2), 318(4), Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34836 CRL.P No. 9463 of 2025 115(2), 61(1) OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (SENIOR DIVISION) AND CJM COURT, PERIYAPATNA, MYSORE DISTRICT. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 21.08.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CAV ORDER This petition under Section 483 of BNSS, 2023 is preferred to enlarge the petitioner on regular bail in Crime No.127/2025 of Bylakuppe Police Station, Mysuru. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. The aforementioned case is registered on a complaint lodged by one Dinesh Kumar S/o Laburam against two named accused and others, for the offence punishable under Section 127(2), 308(7), 308(2), 352, 351(2), 318(4), 115(2), 61(1) of BNS, 2023. Petitioner is arraigned as accused No.2 in the FIR. - 3 - HC-KAR NC: 2025:KHC:34836 CRL.P No. 9463 of 2025 4. Chargesheet is filed against 6 accused, wherein, the petitioner is arraigned as accused No.6. He is arrested on 15.06.2025, i.e., on the date of registration of the case and since then, he is in judicial custody. 5. Brief averments of the complaint are that, the complainant is a resident of Kompalapura Village, Periyapatna Taluk, Mysuru District. He is running a textile shop under the name ‘Pooja Fashion’. On 11.06.2025, a young woman (accused No.4) visited his shop, under the guise of purchasing clothes. She obtained his mobile number and initiated conversation through whatsapp and later shared photographs. On 14.06.2025, she invited the complainant to a house at Maradiyuru Village, representing to him that it is her aunt’s residence. She engaged him in conversation and provoked him sexually. At that time, three unknown persons entered the house, abused and assaulted the complainant. They stripped him and took his photographs and videos along with the girl, despite his resistance. After sometime, one Murthy bin Dasabovi - 4 - HC-KAR NC: 2025:KHC:34836 CRL.P No. 9463 of 2025 (accused No.1) came along with the present petitioner, working at Hunsur Rural Police Station. They threatened the complainant that if a sum of Rs.10,00,000/- was paid he will be left, otherwise they will circulate the photographs and videos. Hence, the complainant called his brother to arrange the amount and hand it over to the petitioner. 6. It is further averred in the complaint that complainant’s brother raised suspicion and reported the matter to the Police Inspector of Periyapatna Police Station. The accused coming to know about the same, got scared and brought him in the car and left him in Bylakuppe Town at about 1.15 a.m., on 15.06.2025. 7. It is contented by the learned counsel that the petitioner is innocent and he has been falsely implicated in the case on account of political rivalry and departmental ego issues within the police fraternity. He has no black marks in his entire career and he has been working as a Police constable without any blemish. Investigation is - 5 - HC-KAR NC: 2025:KHC:34836 CRL.P No. 9463 of 2025 completed and chargesheet is filed. Petitioner has been interrogated. Except the bald allegation, no money whatsoever has been recovered from the petitioner. He is in judicial custody from 15.06.2025. He is ready and willing to furnish sufficient surety and will abide by any reasonable conditions, which this Court deems fit to impose. 8. The learned High Court Government Pleader has contended that the petitioner being a Police constable is involved in a pre-planned conspiracy of honey-trapping and extortion. Complaint averments clearly disclose that petitioner came along with accused No.1 and demanded Rs.10,00,000/- from the complainant. He has abused his official position and misused his authority to facilitate the crime. If released on bail, petitioner will destroy the evidence and tamper the prosecution witnesses. 9. It is alleged that accused No.1 in collusion with other accused persons, hatched a plan to extort money from the complainant by deceitful means and in pursuance - 6 - HC-KAR NC: 2025:KHC:34836 CRL.P No. 9463 of 2025 of the same, accused No.4 visited complainant’s shop and befriended him. Thereafter, on 14.06.2025, as per the plan she took him to the house of one Madan Joseph which was taken on rent and engaged in conversation with him, while accused Nos.2, 3 and 5 entered the house, abused, threatened and assaulted the complainant and accused No.2 took photos and videos. Then, accused Nos.2 to 5 demanded Rs.10,00,000/- from the complainant stating that if the said amount was not paid, the photos and videos will be circulated in social media. 10. In the chargesheet petitioner is arraigned as accused No.6. A perusal of chargesheet allegations show that, petitioner has not demanded money from the complainant. On the other hand, it is alleged that, he told the complainant that, if money as demanded by the accused was not paid to them, they would trouble him, as they are not good people. 11. Admittedly, it is not the case of prosecution that the petitioner has received any money from the - 7 - HC-KAR NC: 2025:KHC:34836 CRL.P No. 9463 of 2025 complainant. The conspiracy theory is not supported by any other material, except that the petitioner went to the house where other accused persons were present. His involvement in the case is a matter which has to be established during trial. Investigation is completed and chargesheet is filed. His further detention in custody will not serve any purpose. The apprehension expressed by the prosecution can be safeguarded, by imposing appropriate conditions. 12. For the foregoing reasons, following: ORDER I. Petition is allowed. II. Petitioner/accused No.6 (as per chargesheet) in Crime No.127/2025 of Bylakuppe Police Station, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two sureties for the likesum - 8 - HC-KAR NC: 2025:KHC:34836 CRL.P No. 9463 of 2025 to the satisfaction of the jurisdictional Court. 2. He shall furnish his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 4. He shall appear before the trial Court regularly on all effective dates of hearing. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 1