- 1 - HC-KAR NC: 2025:KHC:33870 CRL.P No. 11467 of 2025 C/W CRL.P No. 12152 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11467 OF 2025 C/W CRIMINAL PETITION NO. 12152 OF 2025 IN CRL.P No. 11467/2025 BETWEEN: MALLIKARJUN M. S/O RAMANJANEYA, AGED ABOUT 46 YEARS, R/AT A-004, RAMKE 01 APARTMENT, AVALAHALLI, YELAHANKA, BENGALURU-560 064. …PETITIONER (BY SMT. PADMAVATHI N., ADVOCATE) AND: STATE BY BASAVESHWARANAGARA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33870 CRL.P No. 11467 of 2025 C/W CRL.P No. 12152 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.73/2025 ON FILE OF THE XXXII ADDL. CJM, NRUPATUNGA ROAD, BENGALURU CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(1), 68, 351(2) OF THE BNS AND 67, 67A OF THE IT ACT REGISTERED RAJAJINAGAR POLICE STATION, INITIALLY FIR WAS REGISTERED BY THE BASAVESHWARNAGAR POLICE STATION, BENGALURU IN CR.NO.254/2025 FOR THE OFFNECES PUNISHABLE UNDER SECTIONS 64(1), 68, 351(2) OF BNS AND 67, 67A OF THE IT ACT AND SAME HAS BEEN TRANSFER TO RAJAJINAGAR POLICE STATION. IN CRL.P NO. 12152/2025 BETWEEN: JAYANTHI G. W/O MALLIKARJUN M., AGED ABOUT 35 YEARS, R/AT RAMKY ONE FLAT NO.A-004, AVALAHALLI DODDABALLAPURA MAIN ROAD, YELAHANKA, BENGALURU-560 064. ...PETITIONER (BY SMT. PADMAVATHI N., ADVOCATE) AND: STATE BY BASAVESHWARANAGARA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. ...RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) - 3 - HC-KAR NC: 2025:KHC:33870 CRL.P No. 11467 of 2025 C/W CRL.P No. 12152 of 2025 THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST OF THE PETITOINER IN CRIME NO.73/2025 ON FILE OF THE XXXII ADDL. CJM, NRUPATUNGA ROAD, BENGALURU CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(1), 68, 351(2) OF THE BNS AND 67, 67A OF THE IT ACT REGISTERED RAJAJINAGAR POLICE STATION, INITIALLY FIR WAS REGISTERED BY THE BASAVESHWARNAGAR POLICE STATION, BENGALURU IN CR.NO.254/2025 FOR THE OFFNECES PUNISHABLE UNDER SECTIONS 64(1), 68, 351(2) OF BNS AND 67, 67A OF THE IT ACT AND SAME HAS BEEN TRANSFER TO RAJAJINAGAR POLICE STATION. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners, learned Additional SPP for the State and perused the material on record. 2. A case in Crime No.73/2025 is registered at Rajajinagar Police Station, Bengaluru City against the petitioners, on a complaint lodged by the victim, for the offence punishable under Section 64(1), 68, 351(2) of - 4 - HC-KAR NC: 2025:KHC:33870 CRL.P No. 11467 of 2025 C/W CRL.P No. 12152 of 2025 BNS, 2023 and Section 67 and 67(A) of Information Technology Act, 2000. 3. Petitioner in Crl.P No.11467/2025 is arraigned as accused No.1 and petitioner in Crl.P No.12152/2025 is arraigned as accused No.2, in the FIR. 4. Accused No.1 was arrested on 01.07.2025. His prayer seeking bail was rejected by the learned Sessions Judge in Crl. Misc No.5768/2025 vide order dated 28.07.2025. 5. Accused No.2, apprehending her arrest filed a petition for anticipatory bail before the Sessions Court in Crl. Misc No.6436/2025. The said petition was dismissed vide order dated 14.08.2025. 6. In her complaint, the victim has alleged that she is presently working as a Senior Manager in one Metro Mingal Co-working Space. From 2023 to 2025 till June 12th, she was working as a Senior Manager in one Arya Gold Company, owned by accused No.1. It is alleged, - 5 - HC-KAR NC: 2025:KHC:33870 CRL.P No. 11467 of 2025 C/W CRL.P No. 12152 of 2025 while she was working, petitioner was misbehaving and torturing her and telling her, he will increase her salary, if she could adjust with him. Further, one Yogesh had called her saying that he has pledged some gold ornaments in Muthoot Finance and requested to release the said gold by paying the amount and to give him the balance amount. Hence, she transferred Rs.7,80,000/- to his bank account to get the gold ornaments released, but after receiving the amount he disappeared. Hence, accused No.1 was harassing her saying that she has to make good the loss. It is further alleged that in the month of July 2024, accused No.1 called the complainant in the guise of discussing about the said issue and took her in a car, gave her some juice and when she was drowsy, took her to a private hotel. He informed the hotel staff that she is his wife and booked a room and committed forcible sexual intercourse with her and thereafter, started blackmailing her saying that he has recorded a video and she has to listen to him, otherwise he will upload the video on social - 6 - HC-KAR NC: 2025:KHC:33870 CRL.P No. 11467 of 2025 C/W CRL.P No. 12152 of 2025 media. Thereafter, when she became pregnant, he had her pregnancy terminated, misrepresenting to the doctor that he is her husband. Again after about a week, he committed forcible sexual intercourse with her etc. 7. In so far as accused No.2, wife of accused No.1, it is alleged that she conspired with accused No.1 and sent the obscene videos of the victim through whatsapp to the mobile phone of her brother-in-law. 8. The learned Additional SPP has filed statement of objections. She vehemently contended that serious allegations are made against both the petitioners and the investigation is under progress. Therefore, if the petitioners are enlarged on bail, they may tamper with the prosecution witnesses and destroy the evidence. She further contended that even earlier a case was registered against the petitioners at Mahila UPS, Guntur for the offence punishable under Section 354(D)(2), 385, 506, 509 r/w 34 of IPC in Crime No.70/2020, which shows that - 7 - HC-KAR NC: 2025:KHC:33870 CRL.P No. 11467 of 2025 C/W CRL.P No. 12152 of 2025 petitioners are habitual offenders. She therefore sought to dismiss the petition. 9. The complainant has alleged that while she was working in Arya Gold Company, accused No.1, i.e., the owner of the said Company was behaving in an indecent manner with her and in the month of July 2024, he took her in his car and gave some juice and when she became drowsy, took her to a lodge room and committed forcible sexual intercourse with her. Thereafter, when she became pregnant, he had her pregnancy terminated etc. 10. The incident is alleged to have taken place between 2023 and 2025. Even though it is alleged that accused No.1 was sexually harassing the complainant at work place, except the bald allegations, there are no materials placed on record. No complaint whatsoever was lodged against the petitioner from 2023 until the present complaint lodged on 21.07.2025. Even in respect of the allegation that in the month of July 2024, accused No.1 took her to a lodge room and after giving juice, committed - 8 - HC-KAR NC: 2025:KHC:33870 CRL.P No. 11467 of 2025 C/W CRL.P No. 12152 of 2025 sexual intercourse with her, complaint was not lodged. It is alleged, the petitioner started blackmailing the complainant saying that he has recorded some video and got her pregnancy terminated etc. It has to be shown that the petitioner has infact recorded such videos and had her pregnancy terminated, without her consent. 11. It is contended by the learned counsel for petitioners that in view of some financial dispute, complainant has come up with a false case making reckless allegations against the petitioners. He contended that the complainant is a married woman aged 44 years having two children and even accepting the complaint averments, the ingredients of the offences alleged are not made out. 12. A reading of the complaint itself goes to show that while she was working in Arya Gold Company belonging to accused No.1, complainant had transferred a sum of Rs.7,80,000/- to the account of one Yogesh to release the gold pledged by him with Muthoot Finance. It is - 9 - HC-KAR NC: 2025:KHC:33870 CRL.P No. 11467 of 2025 C/W CRL.P No. 12152 of 2025 seen that the said Yogesh after receiving the amount disappeared without giving the amount or the gold. In this connection, it is alleged that accused No.1 was harassing the complainant. 13. Accused No.1 has been arrested and interrogated. He is in custody from 01.07.2025. In so far as accused No.2 is concerned, the only allegation against her is that she colluding with her husband, has transferred obscene videos of the complainant through whatsapp, to the mobile phone of her brother-in-law. 14. Learned counsel would contend that said accused No.2 was suspecting an illicit relationship between her husband and the complainant and when she questioned the same, complainant has come up with a false case naming her as an accused in this case. 15. Accused No.2 is a woman. She has undertaken to cooperate with investigation of the case. Mobile Phone is already seized. Considering the entire facts and - 10 - HC-KAR NC: 2025:KHC:33870 CRL.P No. 11467 of 2025 C/W CRL.P No. 12152 of 2025 circumstances of the case, by imposing necessary conditions, relief sought in the petitions can be granted. Accordingly, the following: ORDER i. Petitions are allowed. ii. Petitioner/accused No.1 in Crl.P No.11467/2025 shall be enlarged on bail in Crime No.73/2025 of Rajajinagar Police Station, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. - 11 - HC-KAR NC: 2025:KHC:33870 CRL.P No. 11467 of 2025 C/W CRL.P No. 12152 of 2025 5. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. iii. Petitioner/accused No.2 in Crl.P No.12152/2025 is ordered to be released in the event of her arrest in Crime No.73/2025 of Rajajinagar Police Station, subject to following conditions: a) She shall appear before the Investigating Officer within one week from the date of 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 one surety for the likesum and shall cooperate with the investigation. b) She shall furnish her residential address/contact number and shall inform the I.O in case of any change in the address/contact number. - 12 - HC-KAR NC: 2025:KHC:33870 CRL.P No. 11467 of 2025 C/W CRL.P No. 12152 of 2025 c) She shall not tamper with the prosecution evidence/witnesses either directly or indirectly. d) She shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 35