- 1 - HC-KAR NC: 2025:KHC:40882 CRL.P No. 12002 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12002 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: VARUN SHARMA @ ARJUN MOTWANI S/O RAMPAL SHARMA AGED ABOUT 29 YEARS CURRENT ADDRESS SALURU VILLAGE, SILGURI, DARJEELING, WEST BENGAL. PERMANENT ADDRESS NO. G 1/117, 4C BLOCK, MANSAROVER PARK, NEW DELHI - 110 032 …PETITIONER (BY SRI. TOMY SEBASTIAN, SENIOR COUNSEL FOR SRI. RENY SEBASTIAN.,ADVOCATE) AND: STATE OF KARNATAKA STATE OF KARNATAKA BY CUBBON PARK POLICE STATION R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP FOR RESPONDNET SRI ANIRUDH CHAMUNDA, ADVOCATE FOR DEFACTO COMPLAINANT) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40882 CRL.P No. 12002 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC NO.984/2025 IN CRIME NO.213/2024 OF CUBBON PARK POLICE STATION, REGISTERED FOR OFFENCES U/S 75(2), 319(2), 351(2), 303(2), 318(4), 69, 314, 338 OF BNS 2023 BEFORE LIII ADDL,.CITY CIVIL AND SESSIONS JUDGE, BENGALURU.THE LIII ADDL.CITY CIVIL AND SESSIONS SPECIAL JUDGE, BANGALORE HAS REJECTED THE BAIL PETITION ON 04.08.2025 IN CRL.MISC NO.6021/2025. 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 the petitioner –accused under Section 482 of BNSS seeking grant of bail in S.C.No.984/2025 pending on the file of the LIII Additional City Civil and Sessions Judge, Bengaluru (Crime No.213/2024 of Cubbon Park Police Station) registered for offences punishable under Sections 75(2), 319(2), 351(2), 303(2), 318(4), 69, 314 and 388 of Bhartiya Nyaya Sanhita, 2023. 2. Heard learned Senior Counsel for the petitioner and learned High Court Government Pleader for the - 3 - HC-KAR NC: 2025:KHC:40882 CRL.P No. 12002 of 2025 respondent who is assisted by counsel for the defacto complainant/ victim. 3. Learned Senior Counsel for the petitioner would contend that the petitioner and the victim girl came in contact through matrimonial site and they met several times and had a physical contact. The victim girl is of the age of 34 years and she knows consequences of her acts. The petitioner and the victim traveled to several places. The statement of the victim has already been recorded under Section 183 of BNSS and the version stated in the said statement is contrary to the averments of the complaint. The exchange of messages through WhatsApp does not indicate any cheating by this petitioner -accused. The relationship between the petitioner –accused and the victim girl is that of live-in relationship. The alleged sexual intercourse between the petitioner –accused and the victim girl is with consent. The charge sheet is filed and therefore, the petitioner -accused is not required for custodial interrogation. The petitioner –accused is in - 4 - HC-KAR NC: 2025:KHC:40882 CRL.P No. 12002 of 2025 judicial custody since 15.03.2025. As the charge sheet is filed, the completion of the trial will take considerable time. With this, he prays to allow the petition and grant bail to the petitioner –accused. 4. Per contra learned High Court Government Pleader who is assisted by counsel for the defacto complainant/victim girl would submit that the modus operandi of the accused indicate that he has promised several ladies to marry them and cheated them by utilizing the funds for purchase of jewelry, for payment of money to others. The petitioner is a married man and he has also cheated his wife and she had filed a complaint against him for offence punishable under Section 498A of IPC. The petitioner has created Aadhar card showing a fake name and address. The offence alleged against the petitioner is punishable with imprisonment for 10 years. The petitioner has also forged signatures of the victim on Form No.29 and 30 and they are sent for examination to FSL and report is awaited. The medical examination report of the - 5 - HC-KAR NC: 2025:KHC:40882 CRL.P No. 12002 of 2025 victim girl indicates that her hymen is not intact. The statement of the victim has been recorded under Section 183 of Cr.P.C of BNSS that itself indicate the alleged acts of the petitioner committing offences. With this she prayed for dismissal of the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The petitioner and victim –C.W.1 came in contact through a marriage app and they subsequently continued their contacts through WhatsApp, phone calls and messages. It is alleged that the petitioner took the victim to a hotel in a Bengaluru and by making her to drink a juice, made her semi-unconscious and had sexual intercourse on her. The other accusation against the petitioner is that he purchased a gold ornament and made C.W.1 to make payment of the said bill stating that he has left the purse and cash in a hotel room. The petitioner alleged to have sold the car belonging to C.W.1, promising - 6 - HC-KAR NC: 2025:KHC:40882 CRL.P No. 12002 of 2025 to get new car for her and got transferred the said car by forging signatures on Form No. 29 and 30. Even it is alleged that the petitioner has cheated C.W.9, who is a widow, promising to marry her and took her to Chennai and had sexual intercourse on her and he took loan in different banks with the help of C.W.9 and a complaint is lodged in Mahila Police Station, Chennai. Even it is alleged that petitioner has cheated C.W.4 by getting transferred money to his bank account. And also to C.W.10 stating that his company has been seized and matter is in enquiry in Court and got transferred Rs.2,75,000/-. 7. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is in custody since 15.03.2025 and therefore, he is not required for custodial interrogation. The victim is aged 34 years as on the date of alleged incident and she is of the age of understanding consequences of her acts. Whether the petitioner has cheated C.W.1, C.W.4, C.W.9 and C.W.10 is a matter of - 7 - HC-KAR NC: 2025:KHC:40882 CRL.P No. 12002 of 2025 trial. In the charge sheet there are 35 witnesses cited and trial will take some time. Considering all these aspects, the petitioner has made out the case for grant of bail with stringent conditions. 8. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused is granted bail in S.C.No.984/2025 pending on the file of the LIII Additional City Civil and Sessions Judge, Bengaluru (Crime No.213/2024 of Cubbon Park Police Station) registered for offences punishable under Sections 75(2), 319(2), 351(2), 303(2), 318(4), 69, 314 and 388 of Bhartiya Nyaya Sanhita, 2023 subject to following conditions; a. The petitioner –accused shall execute a personal bond for a sum of - 8 - HC-KAR NC: 2025:KHC:40882 CRL.P No. 12002 of 2025 Rs.2,00,000/-(rupees one lakh only) with two sureties for the like sum to the satisfaction of jurisdictional Court. Out of which one surety should be local surety. b. The petitioner –accused shall not threaten prosecution witnesses either directly or indirectly; c. The petitioner –accused shall appear before the trial court on all the dates of hearing unless exempted and co- operate for speedy disposal of the case. d. If the petitioner –accused violates any of the conditions, the prosecution is at liberty to move application for cancellation of bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 18