Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:34575 CRL.P No. 7428 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7428 OF 2026 BETWEEN:
SRI SUNIL T S/O THIMMARAYAPPA AGED ABOUT 29 YEARS R/AT NO.395, NEAR MADDURAMMA TEMPLE, OLD BYAPPANAHALLI BENGALURU - 560 033. …PETITIONER (BY SRI SATISH G.S, ADV.) AND:
STATE BY MARATHAHALLI P.S REP. BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BENGALURU - 560 001. …RESPONDENT (BY SRI ARUN H.S, ADV.)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.198/2026 FILED BY THE RESPONDENT POLICE FOR THE OFFENCE P/US/ 69 OF BNS 2023 PENDING BEFORE THE XXIX ACJM COURT, MAYO HALL BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in Crime No.198/2026 registered by Marathahalli Police Station, Bengaluru, for the offence punishable under
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:34575 CRL.P No. 7428 of 2026
Section 69 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 for the parties.
3. FIR in Crime No.198/2026 was registered by Marathahalli Police Station, Bengaluru, for the aforesaid offences against the petitioner herein based on the first information dated 26.04.2026 received from the victim lady, aged about 28 years. During the course of investigation of the said case, petitioner was arrested on 29.04.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.4307/2026 was rejected on
15.05.2016. Therefore, he is before this Court.
4.
Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that investigation of the case is completed and charge sheet is filed. The allegations found in the first information as well as in the charge sheet do not make out a prima facie case for the alleged offences. Accordingly, he prays to allow the petition.
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HC-KAR NC: 2026:KHC:34575 CRL.P No. 7428 of 2026
5. Per contra, learned HCGP for respondent No.1 and
learned counsel for respondent No.2, who has filed his statement of objections, have opposed the bail application.
Learned counsel for respondent No.2 submits that petitioner had assaulted the victim prior to she approaching the police and she had sustained injuries. There is constant threat to her and in the event, petitioner is released on bail, he may tamper with the material charge sheet witnesses. Accordingly, he prays to dismiss the petition. 6. In the first information dated 26.04.2026 which was submitted by the victim lady, aged 28 years, she has stated that she got acquainted with the petitioner in the year 2024 and thereafter, they were in love with each other. Subsequently, she had stayed in the house of the petitioner along with his parents for a period of nearly 9 months at Banaswadi in Bengaluru. Thereafter, there was some dispute between the petitioner and the first informant with regard to certain financial transactions and therefore, she and the petitioner stayed in a rented premises at Marathahalli. She has
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HC-KAR NC: 2026:KHC:34575 CRL.P No. 7428 of 2026
alleged that with a promise to marry her, petitioner had sexual intercourse with her and subsequently, he had cheated her. 7. Petitioner, who has no other criminal antecedents is in custody from 29.04.2026. Investigation of the case is now completed and charge sheet has been filed. In the first information submitted by the alleged victim, she has not made any allegation about petitioner assaulting her at any point of time. The material on record would go to show that petitioner and the victim lady were in a consensual relation relationship for a considerable period of time and it appears that after a dispute arose between them regarding financial transactions, the said relationship has failed and it is only thereafter, the victim lady had approached the police. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the fowling order:-
8. The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.198/2026 registered by Marathahalli Police Station, Bengaluru, for the offence
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HC-KAR NC: 2026:KHC:34575 CRL.P No. 7428 of 2026
punishable under Section 69 of BNS, 2023 subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is
disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
DN List No.: 1 Sl No.: 64