- 1 - HC-KAR CNR: KAHC010517812026 NC: 2026:KHC:46791 CRL.P No. 11340 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11340 OF 2026 BETWEEN: CHETHAN KUMAR S S/O G. SWAMY AGED ABOUT 35 YEARS RESIDING AT MADRALLI (MADRAHALLI) VILLAGE GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT - 571 111. …PETITIONER (BY SRI G. RAKESH RAJ, ADV.) AND: STATE OF KARNATAKA BY MICO LAYOUT POLICE STATION BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; SRI KIRAN M.M, ADV., DOR DEFACTO COMPLAINANT/R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON REGULAR BAIL IN CRIME NO.189/2026 OF MICO LAYOUT POLICE STATION, REGISTERED FOR THE ALLEGED OFFENCES P/U/S 115(2), 351(2), 351(3), 69, 89 AND 352 OF THE BNS, 2023 REGISTERED BY RESPONDENT MICO LAYOUT POLICE PENDING BEFORE THE HONBLE CHIEF JUDICIAL MAGISTRATE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010517812026 NC: 2026:KHC:46791 CRL.P No. 11340 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.189/2026 registered by Mico Layout Police Station, Bengaluru, for the offences punishable under Sections 115(2), 351(2), 351(3), 69, 89 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 for the petitioner, learned Addl. SPP for respondent No.1 and learned counsel for respondent No.2, who has filed written objections opposing the bail petition. 3. FIR in Crime No.189/2026 was registered by Mico Layout Police Station, Bengaluru, for the aforesaid offences against petitioner and others based on the first information dated 30.05.2026, received from alleged victim lady aged 35 years. During the course of investigation of the case, petitioner was arrested and remanded to judicial custody on 16.06.2026. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.6089/2026 was rejected on 09.07.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010517812026 NC: 2026:KHC:46791 CRL.P No. 11340 of 2026 4. A reading of the typed first information submitted by the alleged victim lady on 30.05.2026 would go to show that she got acquainted with the petitioner during the year 2023. She has stated that subsequently she had developed friendship with the petitioner and from the month of December, 2024, onwards they started exchanging messages over mobile phone. Petitioner thereafter had proposed to the victim lady and she had agreed for the same after he had promised to marry her. In month of March, 2025, petitioner had taken her to Adventure Camp Resort and they had stayed in a room at the resort over night. Petitioner allegedly had sexual intercourse with the victim lady when they stayed there in the resort and had promised to marry her. Subsequent to the said act, undisputedly, petitioner had gone to the house of the first informant and had met her mother and had informed her that he was ready and willing to marry the first informant. However, her mother had refused for the said proposal. First informant in her statement recorded under Section 183 of BNSS, 2023, has also specifically averred that after the alleged act of the petitioner committed in the month of March, 2025, in - 4 - HC-KAR CNR: KAHC010517812026 NC: 2026:KHC:46791 CRL.P No. 11340 of 2026 Adventure Camp Report, he had approached her mother and informed that he was ready and willing to marry her. However, her mother had refused for the said proposal. 5. From the aforesaid, it is apparent that petitioner, who allegedly had promised to marry the first informant had approached her mother but the proposal was refused by the mother of the first informant. For the purpose of Section 69 of the BNS, 2023, accused should have sexual intercourse with a woman by deceitful means or by making promise to marry the said woman without any intention of fulfilling the same. In the present case, having regard to the aforesaid aspects, it cannot be said that petitioner had no intention to marry the first informant. He is now in custody from 16.06.2026 onwards. Major portion of the investigation is already completed. 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 following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.189/2026 registered by Mico Layout Police Station, Bengaluru, for the offences punishable - 5 - HC-KAR CNR: KAHC010517812026 NC: 2026:KHC:46791 CRL.P No. 11340 of 2026 under Sections 115(2), 351(2), 351(3), 69, 89 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/- 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.: 47