- 1 - HC-KAR NC: 2026:KHC:13188 CRL.P No. 453 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 453 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: MANTU KUMAR S/O NAGESHWAR THAKUR, AGED ABOUT 25 YEARS, R/AT GRAM MANJHIDIH, POST PIRRA THANA CHANDAN, KATORIA, BANKA, BIHAR 813106 ALSO AT SAVKAR CHAI POINT, NEAR SOBHA BUNGALOW, DEVARABEESANAHALLI, BENGALURU - 560103. …PETITIONER (BY SRI. N PADMAVATHI, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13188 CRL.P No. 453 of 2026 AND: STATE OF KARNATAKA BY MARATHAHALLI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001. …RESPONDENT (BY SRI. LAKSHMAN B, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CC.NO.75394/2025 ARISING OUT OF CR.NO.119/2025 BY THE MARATHAHALLI P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64, 127(2), 238, 329(4), 351, 352 OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13188 CRL.P No. 453 of 2026 ORAL ORDER The petitioner is sole accused in CC No.75394/2025 arising out of Crime No.119/2025 of Marathahalli Police Station for the offences punishable under Sections 64, 127(2), 238, 329(4), 351, 352 of Bharatiya Nayay Sanhita, 2023. The petitioner has approached this Court seeking grant of regular bail. 2. The complainant has lodged a complaint stating that, on 07.01.2025 at about 1.30 p.m., when the complainant was drying clothes near her house, the petitioner came and caught hold of her arm and wrongfully restrained her. Further, he has dragged her inside the house. It is further alleged that, after trespassing into the house, the petitioner had committed sexual intercourse with her. It is further stated in the complaint that, after the incident of sexual intercourse, she was in a state of helplessness and she had been exhausted due to physically resisting him. It is stated that, she was unable - 4 - HC-KAR NC: 2026:KHC:13188 CRL.P No. 453 of 2026 to speak or move from the said place. Taking advantage of the said situation, the petitioner recorded a video and again committed rape on her. It is further alleged that, he had focused the camera for the said act and recorded a video. The said video is about 14 seconds in duration and it shows the face of the complainant. 3. It is further stated that, on 07.01.2025, she had brought to the knowledge of her husband about the incident. Due to fear of societal ostracization, the complainant and her husband mutually decided not to file a police complaint. Her husband and the complainant confronted the petitioner and warned him not to contact her further. In spite of the said warning, the petitioner herein was continuing to stalk the complainant and call over phone by using various phone numbers, and verbally abusing and threatening her, and also trying to defame her in the society. - 5 - HC-KAR NC: 2026:KHC:13188 CRL.P No. 453 of 2026 4. On 12.02.2025 at about 9.30 p.m., when the complainant was returning from her workplace, the petitioner stalked her, and restrained her wrongfully. Then, the complainant had crossed the road to run away from the petitioner, however, the petitioner had followed her, caught hold of her and again wrongfully restrained her. The petitioner groped her body and attempted to rob her phone. Hence, the complainant has lodged the complaint before the respondent–police. 5. Based on the said complaint lodged on 04.03.2025, the same came to be registered by the respondent/police in Crime No.119/2025. 6. The submission of the learned counsel for the petitioner is that, the petitioner is an innocent of the alleged offence. He was working at Savkar Tea shop situated behind the house of the complainant, as a result of which, he had acquainted with the complainant. - 6 - HC-KAR NC: 2026:KHC:13188 CRL.P No. 453 of 2026 7. It is further submitted that though there are certain allegations are made against the petitioner, the fact remains that, the said allegations are baseless and bald. In fact, the investigation would indicate the real picture of the case. The petitioner has not committed any offences as stated in the complaint. The petitioner is aged about 25 years and he is the earning member of the family. The entire family is depending on his income. He came from Bihar and working at a tea stall in Bengaluru. If the petitioner may be enlarged on bail, he would abide conditions to be imposed by this Court. Making such submission, he prayed to allow the petition. 8. Per contra, the learned High Court Government Pleader for the respondent/State vehemently submitted that the narrations and averments of the complaint would indicate the gravity of the offence. The petitioner being a fickle-minded person forcibly entered into the house of the informant and committed rape. The said act has been - 7 - HC-KAR NC: 2026:KHC:13188 CRL.P No. 453 of 2026 video recorded, and it has been circulated through mobile phone in order to defame the dignity of the complainant. It is further submitted that, if the petitioner is granted bail, there may be chances of absconding from the case, as he is the resident of Bihar. Hence, the petition has to be rejected. Making such submission, he prayed to reject the petition. 9. Heard the learned counsel for the respective parties and perused the averments of the complaint. 10. It appears that the complainant has been allegedly raped and the said episode has been videographed by the petitioner. Though the incident had occurred on 07.01.2025, she has not chosen to lodge a complaint at the earliest. However, the complaint came to be registered on 04.03.2025 after due deliberations and discussions with her family members. The averments of the complaint would indicate that on several occasions, the petitioner had tried to reach her for sexual favour. - 8 - HC-KAR NC: 2026:KHC:13188 CRL.P No. 453 of 2026 11. Be that as it may, the averments of the complaint would not inspire to deny the bail. Therefore, it is appropriate to grant him bail by imposing suitable conditions, that would take care of the apprehension of the prosecution. ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail CC No.75394/2025 arising out of Crime No.119/2025 of Marathahalli Police Station for the offences punishable under Sections 64, 127(2), 238, 329(4), 351, 352 of Bharatiya Nayay Sanhita, 2023, on executing personal bond for a sum of Rs.1,00,000/- with one local surety for the like sum to the satisfaction of the Trial Court. iii) The petitioner shall not try to meet, influence or threaten the victim and her family members at any cost. - 9 - HC-KAR NC: 2026:KHC:13188 CRL.P No. 453 of 2026 iv) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. v) The petitioner shall appear before the Trial Court on all hearing dates without fail. vi) The petitioner shall not commit any similar or any other criminal cases till disposal of the case. vii) The petitioner shall furnish the current address and also permanent address details as per law. In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM/BKM List No.: 1 Sl No.: 41