- 1 - HC-KAR NC: 2026:KHC:7998 CRL.P No. 231 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 231 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. SAERASE S/O LATE ABOOBAKKER AGED ABOUT 33 YEARS R/AT CHARLADKA NEKRAJE KASARGODU DISTRICT KERALA STATE PIN CODE-671 543 …PETITIONER (BY SRI. M. ABDUL SALAM, ADVOCATE FOR SMT. SHANTHALADEVI B.R, ADVOCATE) AND: 1. STATE BY INSPECTOR OF POLICE BANASWADI POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA -560 001 2. VICTIM GIRL D/O UNNIKRISHNAN AGED ABOUT 21 YEARS VISWA SAI COLLEGE OF NURSING KODICHIKKANAHALLI Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7998 CRL.P No. 231 of 2026 BENGALURU KARNATAKA-560 076 …RESPONDENTS (BY SRI. MOHD. AYUB ALI, ADDL. SPP FOR R1; SMT. POURNAMI V.S, ADVOCATE FOR SRI. MAHABOOB PASHA, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (FILED UNDER SECTION 483 OF BNNS) PRAYING TO ENLARGE HIM ON BAIL IN THE MANNER THAT THIS HON’BLE COURT DEEMS FIT ON THE FILE OF THE CRL.MISC NO.11156/2025 OF LIII ADDL.CITY CIVIL AND SESSIONS SPECIAL JUDGE (CCH-54) AT BANGALORE IN CRIME NO.776/2025 REGISTERED BY THE RESPONDENT POLICE (BANASWADI POLICE STATION) WHICH IS PENDING BEFORE THE ACJM-II MAYOHALL AT BANGALORE PUNISHABLE UNDER SECTION 70 OF THE BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 1 under Section 483 of BNSS praying to grant bail in Crime No. 776/2025 of Banaswadi Police Station registered for offence under Section 70 of BNS. 2. Heard learned counsel for petitioner, learned counsel for respondent No. 2 and learned Additional SPP for respondent No. 1 - State. - 3 - HC-KAR NC: 2026:KHC:7998 CRL.P No. 231 of 2026 3. Learned counsel for petitioner would contend that the alleged sexual intercourse by the petitioner on the victim girl is consensual. The same has been stated by the victim girl in her statement recorded under Section 183 of BNS. The Police, after investigation, are now filing B report. Considering the above aspect petitioner is entitled for grant of bail. With this, he prayed to allow the petition. 4. Learned counsel for respondent No. 2 submits no objection to allow the petition and grant bail to the petitioner. On 22.01.2026 respondent No. 2 was present before the Court and she has stated no objection to grant bail to the petitioner. 5. Learned Additional SPP would submit that the statement of the victim girl has been recorded under Section 183 of BNS wherein she has stated that the sexual intercourse by the petitioner on the victim girl is consensual. - 4 - HC-KAR NC: 2026:KHC:7998 CRL.P No. 231 of 2026 6. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. 7. The statement of the victim girl has been recorded under Section 183 of the BNS wherein she has stated in detail about the incident, also stated that petitioner had sexual intercourse on her, she had not objected for the same and she co-operated with him. The said aspect itself indicates that the alleged sexual intercourse is consensual. The victim girl is aged 21 years. 8. Considering the above aspects, petitioner is entitled for grant of bail with conditions. In the result, the following O R D E R Petition is allowed. Petitioner is granted bail in Crime No. 776/2025 of Banaswadi Police Station subject to following conditions: - 5 - HC-KAR NC: 2026:KHC:7998 CRL.P No. 231 of 2026 I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to satisfaction of jurisdictional Court. II. Petitioner shall cooperate with the Investigating Officer in further investigation, if any. III. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. IV. In case of filing of charge sheet, petitioner shall appear before the trial Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 40