- 1 - HC-KAR CNR: KAHC010531482026 NC: 2026:KHC:46831 CRL.P No. 11587 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11587 OF 2026 BETWEEN: CHETAN M N S/O NAGARAJU, AGED ABOUT 34 YEARS, R/AT NO.3002, KUMARASWAMY LAYOUT 1ST STAGE, NEAR WATER TANK, BENGALURU SOUTH, JP NAGARA, BENGALURU-560078 …PETITIONER (BY SRI. ARUNASHYAM, SENIOR ADVOCATE SRI. ABHISHEK K, ADVOCATE) AND: THE STATE OF KARNATAKA BY THE SUDDAGUNTEPALYA POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU- 560 001 …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST ARISING OUT OF CR.NO.9/2026 REGISTERED BY SUDDAGUNTEPALYA P.S., Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010531482026 NC: 2026:KHC:46831 CRL.P No. 11587 of 2026 PENDING BEFORE THE CJM, BANGALORE, FOR THE OFFENCES P/U/S 69 AND 351(2) 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 ORAL ORDER 1. Accused in Crime No.9/2026 registered by Suddaguntepaly Police Station, Bengaluru City, for the offences punishable under Sections 69 and 351(2) of BNS, 2023, is before this Court in this petition filed under Section 482 of the BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.9/2026 was registered by Suddaguntepalya Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 10.01.2026 received from the alleged victim girl, aged 23 years. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.6954/2026 before the jurisdictional Sessions Court, which was rejected on 29.07.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010531482026 NC: 2026:KHC:46831 CRL.P No. 11587 of 2026 4. A perusal of the typed first information dated 10.01.2026 submitted by the alleged victim girl would reveal that she was working as an Area Service Manager at Reliance Rescue Ltd., company and had resigned from the said job in the month of March, 2025. The Petitioner was working in a company known as Penetia Enterprises, which was managing the company known as Reliance Rescue Ltd., in which the first informant was earlier working and it is under these circumstances she got acquainted to the petitioner on 01.04.2025. Thereafter, on the assurance of the petitioner that she would be provided a higher monthly salary, she allegedly had joined the company known as Penetia Enterprises and had developed friendship with the petitioner. 5. In the first information she has stated that, on 05.06.2025 the petitioner had provided her a rented premises for her stay and he used to daily come near the said premises and pick-up her on his way to his office and also used to drop her back to her house. Subsequently, the petitioner allegedly proposed to her and also stated that he intends to marry her and allegedly had sexual intercourse with her. She has stated - 4 - HC-KAR CNR: KAHC010531482026 NC: 2026:KHC:46831 CRL.P No. 11587 of 2026 that on several occasions, he has stayed overnight in her house and they had sexual intercourse. In the month of October, 2025, the petitioner had taken the victim girl to his house and had introduced her to his parents. They allegedly informed the victim girl to forget the petitioner and leave him since she belonged to a different caste. It is alleged that thereafter on 14.12.2025 the petitioner's engagement ceremony with another girl was performed and the petitioner had blocked the phone number, facebook and Instagram of the victim girl and therefore, she had approached the police on 10.01.2026. 6. For the purpose of attracting the offence punishable under Section 69 of BNS, 2023, a person should have sexual intercourse with a woman by deceitful means or by making promise to marry a woman without intention of fulfilling the same. 7. It is not in dispute that the petitioner and the victim girl had consensual sex and therefore, the act committed by the petitioner would not amount to the offence of rape. - 5 - HC-KAR CNR: KAHC010531482026 NC: 2026:KHC:46831 CRL.P No. 11587 of 2026 8. A reading of the first information would go to show that there is no allegation made by the victim girl that the petitioner had no intention to marry her, on the other hand, the material available on record would go to show that the petitioner had taken the victim to his house after the alleged act of sexual intercourse and had introduced the victim girl to his parents. However, the parents of the petitioner allegedly opposed the said relationship for the reason that the girl belonged to a different caste. 9. Pursuant to the registration of the FIR in the present case, the victim girl had approached SAKHI, which is a division of the State Government involved in conducting conciliation process between the victim of sexual harassment and the accused. The petitioner and his parents had appeared before SAKHI and conversation of the parties, which were recorded before SAKHI, which has been taken note of by the Co-ordinate Bench of this Court in Criminal Petition No.743/2026 filed by the petitioner seeking quashment of the FIR in question, would go to show that it was the parents of the petitioner, who have opposed their relationship. - 6 - HC-KAR CNR: KAHC010531482026 NC: 2026:KHC:46831 CRL.P No. 11587 of 2026 10. The learned Senior Counsel appearing for the petitioner, has brought to the notice of this Court that the petitioner has now married the girl, with whom his engagement was performed on 14.12.2025. A copy of the certificate of marriage dated 07.07.2026 is also produced along with this criminal petition. 11. It is not in dispute that the petitioner has no other criminal antecedents and he has undertaken to co-operate with the police for the purpose of investigation. Merely for the reason that consensual relationship between a man and woman has failed, criminality cannot be brought into the said relationship. Under the circumstances, I am of the opinion that the prayer of the petitioner for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. 12. Accordingly, the following: ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.9/2026 - 7 - HC-KAR CNR: KAHC010531482026 NC: 2026:KHC:46831 CRL.P No. 11587 of 2026 registered by Suddaguntepaly Police Station, Bengaluru City, for the offences punishable under Sections 69 and 351(2) of BNS, 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE ND List No.: 1 Sl No.: 23