- 1 - HC-KAR NC: 2025:KHC:54194 CRL.P No. 14384 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14384 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: 1. MR. G SUDARSHAN AGED ABOUT 34 YEARS, S/O LATE GANGADHARAPPA, RESIDING AT. TIRUVALLA ROAD LEFT SIDE, NEAR POWDIYAMMA TEMPLE, HULIYAR ROAD, HIRIYURU TOWN, CHITRADURGA -577 599. …PETITIONER (BY SRI. KUMARA K G., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HIRIYURU RURAL POLICE STATION, CHITRADURGA DISTRICT-577 599 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001 …RESPONDENT (BY SRI.CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE ON BAIL IN CC NO.665/2025 (CR.NO.166/2025) OF HIRIYUR RURAL P.S AGAINST PETITIONER FOR O/U/S 127(2), 64(2)(m),115(2),351(2) R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF PRL.CIVIL JUDGE (SR.DN) AND JMFC COURT, HIRIYUR CHITRADURGA DIST.THE PRL.DIST. AND SESSIONS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54194 CRL.P No. 14384 of 2025 JUDGE, CHITRADURGA HAS REJECTED THE BAIL PETITION ON 28.08.2025 IN CRL. MISC.NO.983/2025. 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 accused No.1 under Section 483 of BNSS praying to grant bail in C.C.No.665/2025 arising out of Crime No.166/2025 of Hiriyur Rural Police Station registered for offences punishable under Sections 127(2), 64(2)(m), 115(2), 351(2), read with Section 3(5) of BNS pending on the file of Principal Civil Judge, Senior Division and JMFC, Hiriyur, Chitradurga District. 2. Heard learned counsel for the petitioner and landed High Court Government Pleader for the respondent -State. 3. Learned counsel for the petitioner would contend that the victim girl was found missing from 29.04.2025 and complaint has been filed in that regard by - 3 - HC-KAR NC: 2025:KHC:54194 CRL.P No. 14384 of 2025 the mother of the victim lady and in that regard Crime No.159/2025 has been registered. In the said crime, the statement of the victim lady has been recorded on 03.02.2025. In the said statement, the victim girl has not made any allegation of any forcible sexual intercourse on her by the petitioner. Subsequently, the victim has filed complaint on 07.05.2025 making false allegations. In the said complaint also it is stated that the victim girl is having love affair with the petitioner. The FSL report with regard to examination of the articles is found negative. As the charge sheet is filed, the petitioner is not required for any custodial interrogation. With this he prayed to allow the petition. 4. Per contra, learned High Court Government pleader for the respondent –State would contend that the petitioner is married man having wife and son. The petitioner had taken the victim lady to rented house and had sexual intercourse on 29.04.2025 and 30.04.2025 and after giving threat he left her on 03.05.2025 to her village - 4 - HC-KAR NC: 2025:KHC:54194 CRL.P No. 14384 of 2025 near police station. The charge sheet materials show prima facie case against the petitioner. The offence alleged against the petitioner is heinous offence. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The age of the victim lady is 22 years as on the date of incident. The victim lady was missing on 29.04.2025 and her mother filed complaint in that regard on 01.05.2025. The victim lady was traced n 03.05.2025 and in the said missing complaint her statement has been recorded. In the said statement there is no any allegation of this petitioner taking her and having any forcible sexual intercourse on her. In the complaint filed by the victim on 07.05.2025 there is allegation of taking the victim girl and having sexual intercourse on 29.04.2025 and 30.04.2025. In the said complaint, the victim has stated that she was having love affair with this petitioner. The victim girl is - 5 - HC-KAR NC: 2025:KHC:54194 CRL.P No. 14384 of 2025 aged 22 years and she is of the age of understanding the consequences of her acts. As charge sheet is filed, the petitioner is not required for custodial interrogation. The alleged sexual intercourse is stated to be consensual. Considering the said aspects, the petitioner has made out case for grant of bail conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.166/2025 of Hiriyur Rural Police Station registered for offences punishable under Sections 127(2), 64(2)(m), 115(2), 351(2), read with Section 3(5) of BNS pending on the file of Principal Civil Judge, Senior Division and JMFC, Hiriyur, Chitradurga District subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:54194 CRL.P No. 14384 of 2025 a) The petitioner -accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. b) The petitioner -accused No.1 shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner -accused No.1 shall attend the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 9