- 1 - HC-KAR NC: 2026:KHC:34445 CRL.P No. 12246 of 2025 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. 12246 OF 2025 BETWEEN: HARSHITHA D/O ASHWATHAIAH H M AGED ABOUT 32 YEARS R/A NO. 51, 1ST CROSS KAIRUCHI HOTEL ROAD SANTHRUPTHI NAGAR J P NAGAR, 7TH PHASE BENGALURU - 560 078. …PETITIONER (BY SRI SANDEEP S. SHAHAPUR, ADV.) AND: 1. STATE OF KARNATAKA BY PUTTENAHALLI POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. H.B. RANGANATH S/O BETTAIAH AGED ABOUT 55 YEARS R/A NO.22/25, 3RD MAIN 5TH CROSS, PUTTENAHALLI J.P.NAGAR, 7TH PHASE BENGALURU - 560 030. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1) THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483 (3)BNSS) PRAYING TO CANCEL THE BAIL GRANTED TO THE RESPONDENT NO.2 IN CRL.P.NO.10334/2024 FOR THE OFFENCE P/U/S 376,506 OF IPC AND ORDER TO ARREST AND COMMIT RESPONDENT NO.2 TO CUSTODY. 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:34445 CRL.P No. 12246 of 2025 ORAL ORDER 1. The defacto complainant is before this Court in this petition filed under Section 483(3) of BNSS, 2023 R/w Section 439(2) of Cr.P.C, with a prayer to cancel the regular bail granted to respondent no.2 herein by this Court in Criminal Petition No.10334 of 2024 disposed of on 24.10.2024 in Crime No.288 of 2024 registered by Puttenahalli Police Station, Bangalore City for offences punishable under Sections 376 & 506 of IPC. 2. Heard. 3. Learned counsel for the petitioner submits that respondent no.2 who was released on bail, has attempted to tamper with the material charge sheet witnesses. He submits that, in this regard a police complaint was filed and a NCR case has been registered. He also submits that, CW22 who has been threatened by respondent no.2 has filed an affidavit before this Court. He submits that, since respondent no.2 has violated Condition No.(c) passed in Criminal Petition No.10334 of 2024, his bail is liable to be cancelled. - 3 - HC-KAR NC: 2026:KHC:34445 CRL.P No. 12246 of 2025 4. This Court while granting regular bail to respondent no.2 herein in Criminal Petition No.10334 of 2024, in paragraph nos.7 to 9 has observed as follows:- 7. From a perusal of the material on record it is seen that, the petitioner was introduced to the first informant by her friend Arvind and the first informant who was in need of money for meeting the medical expenses of her uncle Krishnaprasad had sought financial assistance from the petitioner. The petitioner, who had agreed to pay a sum of Rs.40 lakhs to the first informant to meet the medical expenses of her uncle had asked the first informant to get an agreement of sale executed in his favour in respect of a house property belonging to Krishnaprasad, uncle of the first informant. Accordingly, an agreement was executed and under the said agreement, according to the first informant, a sum of Rs.15 lakhs was transferred to the account of the first informant's aunt. 8. Learned counsel for the petitioner has produced a copy of sale agreement dated 07.12.2022 executed by Krishnaprasad in favour of the petitioner herein. Perusal of the said agreement would go to show that, sale price of the property belonging to Krishnaprasad was fixed at Rs.54 lakhs and out of the said Rs.54 lakhs a sum of Rs.30 lakhs was paid by the petitioner under a cheque bearing No.00002911 dated 07.12.2022 and another sum of Rs.10 lakhs was paid in cash and the petitioner was required to pay balance - 4 - HC-KAR NC: 2026:KHC:34445 CRL.P No. 12246 of 2025 amount of Rs.14 lakhs within eleven months from the date of agreement. In the first information it is admitted that, the petitioner has subsequently paid another fum of Rs.15 lakhs in the month of April, 2023 and in addition to the same, he also has paid a sum of Rs.2 lakhs to the aunt of the first informant in the month of January, 2023. 9. From the aforesaid it appears that the petitioner had paid the entire sale consideration in respect of the property which is subject matter of the sale agreement dated 07.12.2022 executed by Krishnaprasad, uncle of the first informant in favour of the petitioner. The first informant has belatedly filed first information dated 15.07.2024 making allegation against the petitioner that he has committed sexual assault on the victim lady on the guise of helping her financially. Though the alleged sexual assault was committed for the first time in the month of January, 2023, the first informant has belatedly submitted first information on 15.07.2024. The petitioner who has no other criminal antecedents is in custody from 16.07.2024. Investigation in the case is complete and charge sheet has been filed. 5. This petition under Section 483(3) of BNSS, 2023 is now filed with a prayer to cancel the bail granted to respondent no.2 on the ground that, he has violated condition No.(c) imposed by this Court in Criminal Petition No.10334 of 2024. Though, it is submitted that, respondent no.2 has tried to - 5 - HC-KAR NC: 2026:KHC:34445 CRL.P No. 12246 of 2025 tamper with the material charge sheet witnesses and he has approached CW22, sufficient material to prove such an allegation is not found. 6. Undisputedly, on the complaint made by petitioner to the Police, no FIR has been registered and on the other hand only NCR was registered. Merely for the reason that, CW22 has filed an affidavit stating that he was approached by respondent no.2, after he was enlarged on bail, that itself cannot be a ground to cancel the regular bail granted to the petitioner. 7. Cancellation of bail involves serious consequences and unless the Court is completely satisfied that the accused who is released on bail has either misused the bail order or has violated the bail conditions, on mere allegations that the accused has attempted to tamper with prosecution witnesses, his bail cannot be cancelled. Under the circumstances, I am of the opinion that this petition lacks merits. 8. Accordingly, criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 31