- 1 - HC-KAR NC: 2025:KHC:31582 CRL.P No. 884 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 884 OF 2025 BETWEEN: NAGESHA @ NAGABHUSHANA S/O. OBALAPPA, AGED ABOUT 41 YEARS, AUTO DRIVER, RESIDING AT: RAMAJOGIHALLY, CHALLAKERE TALUK, CHITRADURGA DISTRICT, 577 522. …PETITIONER (BY SRI. HALEEMA AMEEN., ADVOCATE) AND: 1. THE STATE BY SHO OF CHALLAKERE POLICE STATION, D.K. DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, AMBEDAKR VEEDHI, BANGALORE-560 001. 2. SINDHU. R D/O. RAMU, AGED ABOUT 19 YEARS, RAMAJOGIHALLI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 522. …RESPONDENTS (BY SRI. RANGASWAMY. R., HCGP FOR R1; SERVICE OF NOTICE ON R2 IS H/S) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31582 CRL.P No. 884 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 SC NO. 126/2024, (CRIME NO.143/2024 OF CHALLAKERE PS) REGISTERED FOR OFFENCES PUNISHABLE U/S 114, 363, 366, 376(2)(n), 506 R/W 34 OF IPC, PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHALLAKERE DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard learned counsel for the petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Crime No.143/2024 of Challakere Police Station is registered against the petitioner and another accused for the offence punishable under section 114, 366, 376(2)(n), 506 read with Section 34 of IPC, on a compliant lodged by the victim. 3. On completion of investigation, charge sheet is filed for the offence punishable under Section 114, 363, 366, 376(2)(n), 506 read with Section 34 of IPC. - 3 - HC-KAR NC: 2025:KHC:31582 CRL.P No. 884 of 2025 4. The complaint averments would disclose that petitioner and the victim are acquainted with each other for the past 5 years and the petitioner was a married person having two children. There was close intimacy between them. The victim was in love with him as he had promised to marry and look after her well. It is alleged that the petitioner on 05.02.2024 at about 06:00 p.m. told the victim to come along with her sister to the Auto stand, though she refused, and in the early hours on 06.02.2024, petitioner and his friend Abhishek, kidnapped her and her sister in his Auto rickshaw to Challakere. Further, allegations are that from Challakere town they took both of them in a bus to Bengaluru, wherein they stayed in the house of his sister for a day and thereafter, he hired a room in Rajeshwarinagar, wherein, he committed forcible sexual intercourse with her. 5. Learned High Court Government Pleader has contended that petitioner, a married person, has kidnapped the victim and took her to Bengaluru wherein, - 4 - HC-KAR NC: 2025:KHC:31582 CRL.P No. 884 of 2025 he detained her in a room and committed forcible sexual intercourse. The victim has given her statement before the learned Magistrate, which prima-facie discloses the Commission of the offence. He contended that victim was pregnant, when she was medically examined and therefore, there is a prima-facie case against the petitioner. He further contended that the petitioner hails from the State of Kerala and therefore, if he is released on bail, he may flee from justice and tamper with the prosecution witnesses. 6. The material on record would reveal that petitioner and the victim/complainant were known to each other for the past 5 years. It is stated that the victim was in love with the petitioner. The allegations of kidnapping the victim is on 06.02.2024. As per complaint, the petitioner initially took the victim to the house of his sister and then both of them stayed in a rented house in Bengaluru till 27.03.2024. A complaint was lodged by the victim's mother, on 11.03.2024, on the basis of which a - 5 - HC-KAR NC: 2025:KHC:31582 CRL.P No. 884 of 2025 case was registered in Crime No.110/2024, at Challakere Police Station under Section 363 of IPC, against one Abhi, for kidnapping the minor daughter of the complainant. On that basis, police have arrested the petitioner and after receiving a separate complaint from the victim in the present case, case was registered against petitioner and Abhishek. 7. In Crime No.110/2024 of Challakere Police Station, charge sheet is filed arraigning petitioner as accused No.2, for the offence punishable under Section 363, 504, 114 of IPC and Section 8 and 12 of the POCSO Act, 2012. Petitioner is stated to be enlarged on bail in the said case. 8. It is not in dispute that the complainant in the present case is a major. The allegation that the petitioner by force and threatening, kidnapped her on 06.02.2024 and then detained her and committed forcible sexual assault etc. is a matter which has to be established in trial. - 6 - HC-KAR NC: 2025:KHC:31582 CRL.P No. 884 of 2025 9. Learned counsel for the petitioner submits that petitioner was initially arrested in Crime No.110/2024 and in the said case, he was granted bail by the learned Sessions Judge on 03.08.2024 and subsequently, he was arrested in the present case on 05.08.2024 and he is in judicial custody since then. 10. Investigation is completed and charge sheet is filed. Petitioner has undertaken to furnish sufficient surety to ensure his regular presence before the Trial Court. In the given facts and circumstances, the relief sought by the petitioner can be granted by imposing conditions. Accordingly, the following:- O R D E R i) Petition is allowed. ii) Petitioner/accused No.1 in Crime No.143/2024 of Challakere Police Station, pending in S.C.No.126/2024 on the file of the Court of II Additional District and Sessions Judge, Chitradurga, shall be enlarged on bail, subject to following conditions: - 7 - HC-KAR NC: 2025:KHC:31582 CRL.P No. 884 of 2025 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 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. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:List No.: 1 Sl No.: 54