Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:49850 CRL.P No. 13811 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13811 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN:
1.
CHANDAN K A S/O APPEGOWDA, AGED ABOUT 36 YEARS, OCC: AGRICUTLRUE, R/O. KADALU VILALGE, KUNDURU HOBLI, ALURU TALUKA, HASSAN DISTRICT - 562 162. …PETITIONER (BY SRI. P.B. UMESH, ADVOCATE FOR SRI. RAVINDRA B.DESHPANDE, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY HASSAN WOMEN POLICE STATION, HASSAN SUB-DIVISION, HASSAN - 573 201.
(REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001).
2.
SMT. RANI INDIRA W/O LATE JAI SHANKAR, AGED ABOUT 38 YEARS, OCC: HOUSEHOLD WORK, R/O. C/O DR. LOKESH, NEAR 80 FEET ROAD, 13TH CROSS, SHANTINAGARA, HASSAN - 573 201. …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1;
SRI. HARISH B.S., ADVOCATE FOR R2)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:49850 CRL.P No. 13811 of 2025
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.68/2025 OF WOMEN POLICE STATION, HASSAN IN THE EVENT OF HIS ARREST, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTION 64 BNS, 2023 [CORRESPONDING PROVISIONS SECTIONS 376(1) IPC] AND SECTION 6 OF POCSO ACT, 2012, NOW ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS COURT, FTSC-I (SPECIAL COURT), HASSAN.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER This petition is filed by sole accused under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.68/2025 of Hassan Women Police Station, registered for offence punishable under Section 64 of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of Protection of Children from Sexual Offences Act.
- 3 -
HC-KAR NC: 2025:KHC:49850 CRL.P No. 13811 of 2025
2. Heard learned counsel for petitioner, learned Additional State Public Prosecutor for respondent No.1 - State and Learned counsel for respondent No.2.
3.
Learned counsel for petitioner would contend that, during the time of admission of the father of victim girl in the hospital, the petitioner has taken care. Subsequently, there was a dispute between the petitioner and family members of the victim and therefore, a false complaint has been filed against the petitioner. The victim and her mother have stated no objection for grant of anticipatory bail to the petitioner before the Special Court and that has been noted in para-11 of the order. The petitioner is ready to cooperate with the Police in the investigation. The victim is aged seventeen (17) years and she has not stated any possible act of this petitioner on her. Even though, the act of sexual intercourse is alleged on 14.05.2025 and subsequently during June 2025, the victim has not filed any complaint against the petitioner. With these, he prayed to allow the petition.
- 4 -
HC-KAR NC: 2025:KHC:49850 CRL.P No. 13811 of 2025
4.
Learned counsel for respondent No.2 submits that, accused No.2 and victim have no objection for grant anticipatory bail to the petitioner.
5. Per contra, learned Additional State Public Prosecutor for respondent No.1 would contend that, the victim in her statement before the Police and also in her statement recorded under Section 183 of BNSS has specifically stated the acts of the petitioner having sexual intercourse on her several times. The investigation is in progress. The petitioner is required for interrogation. With these, she prayed for dismissal of the petition.
6. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record.
7. As per the FIR filed by the victim, the act of sexual intercourse on the victim has been done by this petitioner on 14.05.2025 and subsequently twice during June, 2025 and on 12.08.2025. The complaint has been
- 5 -
HC-KAR NC: 2025:KHC:49850 CRL.P No. 13811 of 2025
filed by the victim on 16.08.2025. The victim is aged seventeen (17) years as on the date of the alleged offence and she was studying in I year PUC. The victim is of the age of understanding the consequences of her acts. The petitioner has undertaken to cooperate with the Police in the investigation and abide by the terms and conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. More so, the victim and her mother have no objection for grant of anticipatory bail to the petitioner.
8. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following;
ORDER The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.68/2025 of Hassan Women Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions:
- 6 -
HC-KAR NC: 2025:KHC:49850 CRL.P No. 13811 of 2025
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer. ii) The petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety. iii) The petitioner shall cooperate with the Investigating Officer in investigation. iv) The petitioner shall not threaten the complainant and other witnesses. v) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. vi) The petitioner shall appear before the Investigating Officer whenever called for. vii) The petitioner shall appear before the trial Court on all dates hearing unless exempted
- 7 -
HC-KAR NC: 2025:KHC:49850 CRL.P No. 13811 of 2025
and cooperate for speedy disposal of the case.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 42