- 1 - HC-KAR NC: 2025:KHC:53568 CRL.P No. 14558 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14558 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: ANANDA G., S/O LATE GANTLAPPA, AGE ABOUT 40 YEARS, RESIDING AT BALLAGERE VILLAGE, GATTAMADAMANGALA POST, KGF KOLAR DISTRICT. …PETITIONER (BY SRI. KODANDARAME GOWDA V.,ADVOCATE) AND: THE STATE OF KARNATAKA BY ANDERSONPET POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU- 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M. HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON REGULER BAIL IN S.C.NO.121/2025, ARISING OUT OF CR.NO.33/2025 OF ANDERSONPET P.S FOR THE OFFENCE PUNISHABLE U/S 127(2) 64(2)(m) OF BNS 2023, PENDING ON THE FILE OF HONBIE I ADDITIONAL DISTRICT AND SESSION JUDGE AT KOLAR (SITING AT KGF). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53568 CRL.P No. 14558 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.121/2025 pending before the Court of III Additional District and Sessions Judge, Kolar, sitting at K.G.F arising out of Crime No.33/2025 registered by the Andersonpet Police Station, KGF for the offences punishable under Section 127(2), 64(2) (m) of BNS 2023 is before this Court in this successive bail petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.33/2025 was registered by Andersonpet Police Station, KGF against the petitioner herein based on the first information dated 01.04.2025 received at about 11.30 am. from the victim lady aged about 72 years. During the course of investigation of the case, the petitioner was arrested on 01.04.2025 and subsequently remanded to judicial custody. - 3 - HC-KAR NC: 2025:KHC:53568 CRL.P No. 14558 of 2025 4. Bail application filed by the petitioner before the jurisdictional Sessions Court was rejected and therefore, he had earlier approached this Court in Crl.P.No.8232/2025 which was dismissed as not pressed with liberty to file a fresh petition before the Sessions Court after charge sheet is filed. 5. Police after completing investigation have filed charge sheet for the aforesaid offences. Bail application filed by petitioner subsequently before the trial Court in S.C.No.121/2025 was rejected on 04.10.2025. It is under these circumstances petitioner is before this Court. 6. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that no compliant was lodged by the relatives of the victim lady after she was found missing. Relationship between the petitioner and victim appears to be consensual one. Petitioner is a married man having two daughters. Investigation is completed and charge sheet has been - 4 - HC-KAR NC: 2025:KHC:53568 CRL.P No. 14558 of 2025 filed. Petitioner has no criminal antecedents. Accordingly, prays to allow the petition. 7. Per contra, learned HCGP has opposed the petition. She submits that victim lady has made allegation against the petitioner in her first information as well as in her statement recorded under Section 183 of BNSS 2023. She submits that medical records of the victim lady supports the allegation made against the petitioner. Accordingly, she prays to dismiss the petition. 8. In the first information which was submitted by victim lady at about 11.30 a.m. on 01.04.2025, she has stated that on 31.03.2025 at about 1.30 p.m. petitioner had taken her along with him for attending a pooja in his farm house. She has alleged that in the farm house of the petitioner he had made her consume alcohol and thereafter had sexual intercourse with her against her wishes. On the next day morning she came back home and informed about the incident to her relative Shashikala - 5 - HC-KAR NC: 2025:KHC:53568 CRL.P No. 14558 of 2025 w/o Krishnappa and thereafter she had approached the police. 9. During the course of investigation petitioner herein was arrested on 01.04.2025 and subsequently remanded to judicial custody. After completing investigation charge sheet has been filed against him for the aforesaid offences. As per the chargesheet allegations the petitioner who had taken the victim lady along with him at about 1.30 p.m. on 31.03.2025, had made her to consume alcohol in his farm-house forcibly and thereafter had sexual intercourse in the said house with her multiple times. 10. The victim lady who had gone along with petitioner on 31.03.2025 at about 1.30 p.m., had not returned home and only on the morning of 01.04.2025 she had returned to her house. No efforts were made by the relatives of the victim lady to search her nor they had approached the Police. Statement of victim lady was - 6 - HC-KAR NC: 2025:KHC:53568 CRL.P No. 14558 of 2025 recorded under Section 183 of BNSS, 2025 on 22.04.2025. In the said statement she has stated that on the morning of 01.04.2025 at about 6 a.m. mother of the petitioner who came to the farm-house waked her up and had left her near her property. Thereafter, her son and daughter- in-law had taken her to hospital and subsequently to the police station. 11. Police during the course of investigation have also recorded the statement of victim under Section 161 of Cr.PC. She has stated that she was married to one Muniyappa and from the said wedlock she had two children. She had thereafter eloped with one Chinnappa after leaving her husband and children and was staying with said Chinnappa at Ballagere village. The aforesaid Krishnappa is the son of Chinnappa's elder brother Muniyappa and after death of Chinnappa she was staying in the house of Krishnappa. On 31.03.2025 she had accompanied the petitioner to his farm-house and she has alleged that he had made her to drink alcohol forcibly in - 7 - HC-KAR NC: 2025:KHC:53568 CRL.P No. 14558 of 2025 the farm-house. On next day morning, it is mother of the petitioner who came to the farm-house and after waking up the victim lady, she had taken her home. Petitioner was not found in the farm-house and the victim lady was found sleeping when his mother came to the said farm house and woke up the victim lady. Petitioner who is aged 40 years, is a married man having two daughters. He is in custody from 01.04.2025 onwards. Investigation of the case is completed and charge sheet has been filed. Undisputedly, petitioner has no criminal antecedents. The allegations now found in the charge sheet are required to be proved against petitioner in full fledged trial. 12. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 13. Accordingly, the following: ORDER The Criminal Petition is allowed. - 8 - HC-KAR NC: 2025:KHC:53568 CRL.P No. 14558 of 2025 The petitioner is directed to be enlarged on bail in Crime No.33/2025 registered by Andersonpet Police Station, KGF for the offences punishable under Section 127(2), 64(2)(m) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the following conditions: a) Petitioner shall execute 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; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE RU List No.: 1 Sl No.: 3