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2026 DAILYLAW 17992 (KAR)

P ARVIN KUMAR @ ARAVIND v. STATE BY MAHADEVAPURA P S

CRL.P/7381/2026 · 2026-05-26

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25273 CRL.P No. 7381 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 7381 OF 2026 [(439(Cr.PC) / 483(BNSS)] BETWEEN: P. ARVIN KUMAR @ ARAVIND S/O S. PRASANNA KUMAR, AGED ABOUT 41 YEARS, R/AT NO.96, 3RD CROSS, 2ND MAIN, NEAR RELIANCE TOWER, UDAYANAGAR, BENGALURU - 16. …PETITIONER (BY SMT. SWATHI R. BHAT, ADVOCATE FOR SMT. JAYANTHI R., ADVOCATE) AND: STATE BY MAHADEVAPURA P.S. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. SOWMYA R., HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.253/2026 OF RESPONDENT MAHADEVAPURA P S, REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 69, 127(3), 74, 79, 115(2), Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25273 CRL.P No. 7381 of 2026 351(2) R/W 3(5) OF BNS, 2023, PENDING ON THE FILE OF THE HON'BLE XLV ADDITONAL CJM COURT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petition is filed by the petitioner under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023, seeking his release on bail in Crime No.253/2026, registered by the respondent - Mahadevapura Police Station, for the offences punishable under Sections 69, 127(3), 74, 79, 115(2), 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, pending on the file of XLV Additional Chief Judicial Magistrate Court, Bengaluru. 2. Briefly stated, the case of the respondent was that, a complaint was lodged on 21.04.2026, wherein it was stated that the complainant had met the petitioner during the year 2023 seeking solutions to her various problems. - 3 - HC-KAR NC: 2026:KHC:25273 CRL.P No. 7381 of 2026 3. The complainant alleged that, the petitioner had assured to solve all her problems and demanded and collected a sum of Rs.2,00,000/-. The complainant also alleged that the petitioner was behaving inappropriately with her and also sexually exploited her. The complainant further alleged that on 18.04.2026, the petitioner took her to his house where she was assaulted by the petitioner and his wife while accused No.4 threatened to murder her. Based on the said information, the respondent registered a Crime No.253/2026 for the offences mentioned above. The petitioner was apprehended and he filed a petition under Section 483 of BNSS which was rejected in terms of an order dated 15.05.2026. Being aggrieved by the same, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that, all the other accused have been granted anticipatory bail and it is only the petitioner who is now behind bars. Learned counsel for the petitioner also contended that, the complainant claimed that, she met the petitioner during - 4 - HC-KAR NC: 2026:KHC:25273 CRL.P No. 7381 of 2026 the year 2023 and that the petitioner had received a sum of Rs.2,00,000/- to solve some of her problems. Learned counsel for the petitioner also contended that, the complainant is already married and that she in an effort to implicate the petitioner in a false case has informed the respondent who has registered a false FIR against the petitioner. Therefore, learned counsel for the petitioner prays that the petitioner be released on bail. 5. Per contra, learned High Court Government Pleader for the respondent submitted that, there are allegations against the petitioner about he misusing his acquaintance with the complainant and sexually exploiting her and also financially misappropriating a sum of Rs.2,00,000/-. Learned High Court Government Pleader further contended that, the petitioner is required for investigation and therefore, the petition filed by the petitioner be rejected. - 5 - HC-KAR NC: 2026:KHC:25273 CRL.P No. 7381 of 2026 6. I have considered the submissions made by the learned counsel for petitioner and learned High Court Government Pleader for respondent. 7. A perusal of the information published by the complainant shows that the complainant met the petitioner somewhere in the year 2023 seeking solutions to her problems. She alleged that the petitioner was behaving with her inappropriately and he demanded and collected a sum of Rs.2,00,000/-. The complainant has not given any details as to when and how it was paid. She has not given details as to how the petitioner was behaving inappropriately with her. The complainant has also not given the details as to when and where the petitioner sexually exploited her. The only particulars given by the complainant was that on 18.04.2026, the petitioner took her to his house where she was abused and assaulted by the petitioner and his wife and she was also threatened of murder by accused No.4. Therefore, as rightly contended by the learned counsel for the petitioner, offences - 6 - HC-KAR NC: 2026:KHC:25273 CRL.P No. 7381 of 2026 punishable under Sections 69, 127(3), 74, 79, and 351(2) of Bharatiya Nyaya Sanhita, 2023 appear doubtful. 8. In that view of the matter, the Criminal Petition is allowed. The petitioner is ordered to be released on bail in Crime No.253/2026, registered by the respondent - Mahadevapura Police Station, for the offences punishable under Sections 69, 127(3), 74, 79, 115(2), 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, pending on the file of XLV Additional Chief Judicial Magistrate Court, Bengaluru, subject to the following conditions: i. The petitioner shall execute a personal bond for Rs.50,000/- and furnish a solvent surety for the likesum and to the satisfaction of the Trial Court. ii. He shall appear before the Investigating Officer every Saturday at 11.00 a.m. until a final report is filed. iii. He shall not commit any offence similar to the offence of which he is accused or - 7 - HC-KAR NC: 2026:KHC:25273 CRL.P No. 7381 of 2026 suspected of commission of which he is suspected and he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence. iv. He shall not leave the jurisdiction of the Court without seeking its permission. v. In the event of violation of any of the above conditions, it is open for the Investigating Officer / prosecution to seek for cancellation of the bail. Sd/- (R. NATARAJ) JUDGE KLV List No.: 1 Sl No.: 37