- 1 - HC-KAR NC: 2026:KHC:28645 CRL.P No. 5756 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5756 OF 2026 BETWEEN: PRADEEP POOJARY S/O DINESH POOJARY AGED ABOUT 26 YEARS R/AT BORWELL NAYARA KODU PERDOOR, UDUPI DISTRICT - 576 124. …PETITIONER (BY SRI NISHIT KUMAR SHETTY, ADV.) AND: STATE OF KARNATAKA BY KARNATAKA BY BY S.H.O., WOMEN POLICE STATION UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC NO.6/2026 (CRIME NO.51/2025 OF UDUPI WOMEN POLICE STATION) ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE UDUPI REGISTERED FOR THE OFFENCES P/U/S 64, 115(2), 351(2) AND 352 OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28645 CRL.P No. 5756 of 2026 ORAL ORDER 1. Accused in S.C.No.6 of 2026, pending before the Court of II Additional District & Seesions Judge, Udupi, arising out of Crime No. 51 of 2025 registered by Udupi Women Police Station, for offences punishable under Section 64, 115(2), 351(2) and 352 of BNS 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.51 of 2025 was registered by Udupi Women Police Station for the aforesaid offences against the petitioner herein, based on the first information dated 29.11.2025 received from the victim lady, aged about 26 years. During the course of investigation of the case, petitioner herein was arrested and remanded to judicial custody on 30.11.2025. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court in S.C.No.6 of 2026 was rejected on 09.03.2026. Therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:28645 CRL.P No. 5756 of 2026 4. The petitioner during the course of his argument has produced a memo along with certain documents. He submits that the petitioner and the victim girl were in relationship for the past more than 8 years. They were classmates and subsequently they started loving each other. Thereafter for a considerable period of time, they were in a consensual sexual relationship. He submits that petitioner and the alleged victim also had financial transactions and after a dispute arose between them, she had earlier filed criminal case against the petitioner in Crime No.49 of 2025 before the very same police station for offences punishable under Sections 75(2), 126(2), 352, 351(2) of BNS, 2023. After the petitioner was granted anticipatory bail in the said case, the alleged victim has filed a false case which has resulted in registering FIR in Crime No.51 of 2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that the petitioner has committed a heinous offence after he was granted anticipatory bail in Crime No.49 of 2025. In the event, petitioner is enlarged on bail, he may tamper with - 4 - HC-KAR NC: 2026:KHC:28645 CRL.P No. 5756 of 2026 the prosecution witness. Accordingly, he prays to dismiss the petition. 6. The material which is now produced by the petitioner along with the memo would reveal that the petitioner and the victim lady were acquainted to each other for a considerable period of time. It also appears that the victim lady had earlier borrowed loan from a Credit Cooperative Society, Udupi and for the said loan the petitioner was the guarantor. In the statement of the petitioner that was recorded before the medical officer, who had medically examined the petitioner in the present case, it is stated that petitioner and the victim girl are classmates and they are in a relationship for the last more than 8 years. 7. FIR in Crime No.49 of 2025 was registered by the very same police station and in the said case, the victim has stated that she got acquainted with the petitioner while she was studying in college. She has not disclosed either in the first information submitted in Crime No.49 of 2025 or in the present case about the financial transaction between the parties. On the other hand, she has stated that petitioner had proposed to - 5 - HC-KAR NC: 2026:KHC:28645 CRL.P No. 5756 of 2026 her in the year 2020 and since she had rejected the same, he was following her and pestering her to marry him. On 04.11.2025, he allegedly intercepted the two wheeler in which the first informant was traveling and thereafter abused her and also tried to outrage her modesty. In the said case, the petitioner is granted anticipatory bail by the jurisdictional Sessions Court. Thereafter, the present complaint is filed alleging that on 29.11.2025 petitioner had intercepted the two wheeler in which the victim lady was traveling and thereafter he forcibly took her to a forest area on the road side and committed forcible sexual assault on her. However, the medical report of the victim lady does not suggest any external bodily injury sustained by her. 8. The petitioner is in custody in the present case from 30.11.2025 onwards. Investigation of the case is completed and charge sheet has been filed. 9. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. - 6 - HC-KAR NC: 2026:KHC:28645 CRL.P No. 5756 of 2026 10. Accordingly, the following: ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.6 of 2026, pending before the Court of II Additional District & Seesions Judge, Udupi, arising out of Crime No. 51 of 2025 registered by Udupi Women Police Station, for offences punishable under Section 64, 115(2), 351(2) and 352 of BNS 2023, subject to the following conditions: a) Petitioner shall execute a 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; - 7 - HC-KAR NC: 2026:KHC:28645 CRL.P No. 5756 of 2026 d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 61