- 1 - HC-KAR NC: 2026:KHC:9302 CRL.P No. 16074 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16074 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI. SUNIL KUMAR S/O JAYARAMAPPA AGED ABOUT 32 YEARS R/AT MUSTOOR VILLAGE, KASABA HOBLI CHIKKABALLAPUR TALUK AND DISTRICT. …PETITIONER (BY SRI DEVENDRA N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHIKKABALLAPUR WOMEN POLICE STATION CHIKKABALLAPUR REPRESENTED BY; STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI HARISH GANAPATHY, HCGP SRI SURESH S, ADVOCATE FOR DEFACTO COMPLAINANT) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME No.0095/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 351(2), 69, 351(3) R/W 3(5), 89 OF BNS REGISTERED BY CHIKKABALLAPUR WOMEN POLICE STATION CHIKKABALLAPUR DISTRICT Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9302 CRL.P No. 16074 of 2025 (RESPONDENT HEREIN) AS BAIL APPLICATION FLED UNDER SECTION 482 OF BNSS 2023. 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 482 of BNSS praying to grant anticipatory bail in Crime No.95/2025 of Chikkaballapura Women Police Station registered for offences punishable under Sections 115(2), 351(2), 69, 351(3) read with Section 3(5), 89 of BNS. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State who is assisted by learned counsel for defacto complainant. 3. Learned counsel for the petitioner pointed that there was love affair between petitioner and the victim girl and they stayed together for 08 years. The alleged sexual intercourse is consensual. The complaint has been filed at the instigation of C.W.2 to C.W.5. Now the charge sheet - 3 - HC-KAR NC: 2026:KHC:9302 CRL.P No. 16074 of 2025 has been filed and therefore, the petitioner is not required for custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. With this, he prays to allow the petion. 4. Per contra, learned High Court Government Pleader for the respondent -State who is assisted by learned counsel for defacto complainant would contend that the petitioner has used the victim lady for 08 years under the promise of marriage. The victim became pregnant two times and she was aborted. The petitioner took Rs.35,00,000/- from the victim lady and he has not returned. The mother of the petitioner has issued cheque for Rs.35,00,000/- in favour of the victim lady and the said cheque has been dishonoured. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:9302 CRL.P No. 16074 of 2025 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on the record. 6. As per charge sheet, the case of the prosecution is that accused No.1 -petitioner and C.W.1 - victim lady were loving each other and they both resided in the house of this petitioner and lead life. The petitioner under the promise of marriage had sexual intercourse with the victim lady several times and accused Nos.2 to 4 have cooperated for the said aspect. The petitioner did not marry the victim lady and victim did insisted the petitioner to marry her and therefore all accused on 10.01.2025 assaulted C.W.1 and sent her out of their house and gave her threat over phone to kill her by pouring petrol. The investigation is over. The charge sheet has been filed and therefore, the petitioner is not required for custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to appear before the - 5 - HC-KAR NC: 2026:KHC:9302 CRL.P No. 16074 of 2025 trial Court on all dates of hearing and abide by any conditions to be imposed by this Court. Whether the petitioner has not kept up his promise to marry the victim lady and whether he had promised her to marry her is matter of trial. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused No.1 is ordered to be released on bail in the event of his arrest in Crime No.95/2025 of Chikkaballapura Women Police Station subject to following conditions.: a) The petitioner -accused No.1 shall voluntarily appear before the jurisdictional Court within 15 days from this day and - 6 - HC-KAR NC: 2026:KHC:9302 CRL.P No. 16074 of 2025 execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. b) The petitioner -accused No.1shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner -accused No.1shall 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.: 2 Sl No.: 7