- 1 - HC-KAR CNR: KAHC010408162026 NC: 2026:KHC:36788 CRL.P No. 8656 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8656 OF 2026 BETWEEN: SMT. MANISHA UPADHYE D/O SRIRALLABH UPADHYE AGED ABOUT 52 YEARS PERMANENT RESIDENT OF 1161 SARAF GALLI, SHAHAPUR, BELAGAVI KARNATAKA - 590 003. …PETITIONER (BY SRI ZULFI SULTANA, ADV.) AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER AMRUTHAHALLI POLICE STATION BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. SRI SUREDDY VENKAT REDDY S/O CHANDRA REDDY AGED ABOUT 43 YEARS R/AT 2-2-30, HANUMAN SAI COLONY UPPALA, RANGA REDDY DISTRICT ANDHRA PRADESH - 560 039. ALSO, AT PLOT NO.19, 1ST FLOOR EYE RISE BUILDING, MAGNUS ROAD CYBER HILLS COLONY, MADHAPUR, HITECH CITY, HYDERABAD MANAGING DIRECTOR OF M/S SVR GROUP INC. …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010408162026 NC: 2026:KHC:36788 CRL.P No. 8656 of 2026 THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO ISSUE ANY ORDER OR DIRECTION TO RESPONDENT NO.1 AND THIS HONBLE COURT MAY KINDLY ALLOW THIS CRL.PETITION.B. SET ASIDE THE ORDER DATED 07.05.2026 PASSED BY THE LIII ADDL.CITY CIVIL AND SESSIONS SPECIAL JUDGE, BENGALURU IN CRL.MISC NO.3793/2026 GRANTING REGULAR BAIL TO RESPONDENT NO.2 IN CRIME NO.114/2026 OF AMRUTHAHALLI POLICE STATION, BENGALURU REGISTERED FOR THE OFFENCES P/U/S 64 AND 351(1) OF BNS. 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. Defacto complainant has filed this petition under Section 483(3) of BNSS, 2023, with a prayer to cancel the regular bail granted to respondent No.2 herein in Crl.Misc.No.3793/2026 by the Court of LIII Addl. City Civil and Sessions and Special Judge, Begnaluru, vide order dated 07.05.2026. 2. Heard the learned counsel for the petitioner. 3. Respondent No.2 herein had filed Crl.Misc.No.3793/2026 before the Trial Court seeking regular bail in Crime No.114/2026 registered by Amruthahally Police Station, - 3 - HC-KAR CNR: KAHC010408162026 NC: 2026:KHC:36788 CRL.P No. 8656 of 2026 Bengaluru, for the offences punishable under Sections 64 and 351(1) of BNS, 2023. The said bail petition was allowed by order dated 07.05.2026. Assailing the same, defacto complainant is before this Court in this petition filed under Section 483(3) of BNSS, 2023. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that after respondent No.2 was granted regular bail, he has been troubling the petitioner and at his instance, her landlord has asked her to vacate the premises. Even the employment of the petitioner is at stake because of the intervention of respondent No.2. He submits that respondent No.2 has thereby violated the bail conditions. 5. A perusal of the material on record would go to show that FIR was registered in the present case on 06.04.2026 alleging that respondent No.2 herein had sexually assaulted her on 11.12.2025 and 12.12.2025. The first incident allegedly took place in Marriot Hotel, Bengaluru and the second incident allegedly took place at Sheraton Hotel, Brigade Gateway, - 4 - HC-KAR CNR: KAHC010408162026 NC: 2026:KHC:36788 CRL.P No. 8656 of 2026 Bengaluru. However, first information was belatedly filed on 06.04.2026. In the meanwhile, on 12.03.2026, a legal notice was issued on behalf of the petitioner to respondent No.2 herein, where her grievance was with regard to non-payment of salary. In the said notice, it appears that there was allegation of sexual advances and sexually colored remarks but no allegation of rape. In paragraph No.20 of the order, learned Sessions Judge while granting regular bail to respondent No.2 having noted the messages exchanged between the petitioner and respondent No.2 herein, has observed as follows:- "20. In this case, the complainant has produced whatsapp chats that took place between the complainant and petitioner. The whatsapp chats clearly shows that the complainant and the accused were in a consensual relationship. In Page 29 whatsapp chat produced by the complainant dated 13/12/2025, the petitioner is stated to have a sent message as "If I am angry with you that's means either I am possessive or loving you more than you think". To me said message the present complainant has replied "same goes for me as well", "You will be possessive?". To this petitioner has replied "Yes Yes Yes". The complainant has replied as under "If you are possessive, even I will - 5 - HC-KAR CNR: KAHC010408162026 NC: 2026:KHC:36788 CRL.P No. 8656 of 2026 be possessive". The Whatsapp chats relate to the date very next to the date of the 2nd rape incident i.e 12/12/2025. It is clearly shows that both were in consensual relationship as it is not possible that a rape victim would send such messages to the rapist immediately after rape. None of the whatsapp chats produced by the complainant show anything that would indicate that she was subjected to sexual assault. On looking in to the whatsapp chat messages produced by the complainant herself, this court is of the opinion that bail needs to be granted to the petitioner so that he can approach the investigating officer and support the investigation by producing any documents available in his custody. The judgments relied by the petitioner aptly apply to the instant case. In this case, it is seen that there is no life threat to the complainant and any recovery that is to be made has already been done by the police by taking the petitioner to police custody." 6. The allegation now made by learned counsel for the petitioner is that respondent No.2 is influencing the landlord of the petitioner as well as her employer and she has produced certain communications issued by the landlord for vacating the premises. The same is not sufficient to cancel the bail granted to respondent No.2 herein, when there is no material to show - 6 - HC-KAR CNR: KAHC010408162026 NC: 2026:KHC:36788 CRL.P No. 8656 of 2026 that it was at his instance, the landlord has taken action for vacating the petitioner from the premises in which she is residing. Under the circumstances, I do not find any good ground to entertain this petition. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 20