- 1 - HC-KAR CNR: KAHC010402542026 NC: 2026:KHC:46078 CRL.P No. 8474 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. 8474 OF 2026 BETWEEN: NAVEEN. K. R., S/O LATE RAVIKUMAR, AGED ABOUT 31 YEARS, R/AT KETHANAHALLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT – 562 101. …PETITIONER (BY SMT. JAYALAKSHMAMMA K.B., ADVOCATE) AND: 1. STATE BY STATION HOUSE OFFICER, TUMAKURU WOMEN POLICE STATION, TUMAKURU. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE – 560 001. 2. HEMALATHA, D/O BASAVARAJU, AGED ABOUT 39 YEARS, NEAR RAJKUMAR PARK, SARASWATHIPURAM, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010402542026 NC: 2026:KHC:46078 CRL.P No. 8474 of 2026 TUMAKURU TOWN – 572 105, MOBILE - 9535903410 …RESPONDENTS (BY SRI.RANGASWAMY R., HCGP FOR R1; SRI.NAVEEN KUMAR S., ADVOCATE FOR R2) THIS CRL.P. IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO, ALLOW THE PETITION AND GRANT AN ORDER OF REGULAR BALL, DIRECTING THE TUMAKURU WOMEN POLICE STATION TO RELEASE THE PETITIONER FROM THE CUSTODY IN CONNECTION WITH THE OFFENCE ALLEGED UNDER SECTION 64, 69, 351(2), 352 OF THE BHARATHIYA NYAYA SANHITHA 2023 ARRESTED IN CRIME NO.31/2026 PENDING BEFORE THE II ADDL.SENIOR CIVIL JUDGE AND J.M.F.C COURT TUMAKURU. 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.31/2026 registered by Tumakuru Women Police Station, Tumakuru, for offences punishable under Sections 64, 69, 351 (2) and 352 of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. - 3 - HC-KAR CNR: KAHC010402542026 NC: 2026:KHC:46078 CRL.P No. 8474 of 2026 2. Heard the learned counsel for the parties. 3. FIR in Crime No.31/2026 was Registered by Tumakuru Women Police Station, Tumakuru, for the offences punishable under Sections 69, 351(2) and 352 of BNS 2023, against the petitioner herein based on the first information received from the alleged victim, aged 35 years. During the course of investigation, petitioner was arrested on 26.03.2026 and remanded to the judicial custody. After completion of the investigation, charge sheet was filed against the petitioner for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Mis.Petition No.705/2026 was rejected on 25.05.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner has reiterated the grounds urged in the petition and submits that the material on record would go to show that the petitioner and the alleged victim were in consensual relationship. Only after relationship failed, she has approached the - 4 - HC-KAR CNR: KAHC010402542026 NC: 2026:KHC:46078 CRL.P No. 8474 of 2026 police. She submits that the documents made available to the Court would go to show that she was throughout in contact with the petitioner for the last three years. For extraneous reasons, the present criminal case is registered. The investigation of the case is completed. Accordingly, prays to allow the petition. 5. Per contra, learned HCGP and learned counsel for the respondent No.2 who has filed certain documents, opposing the prayer made in the petition, submit that the petitioner has made a false promise to the victim and had induced her to have sexual intercourse with him. Subsequently, he has gone back from his promise and when the victim lady along with her relatives had gone to his place asking him to marry her, he allegedly criminally intimidated them using filthy language. Learned counsel for the respondent No.2 also submits that Investigation Officer has not properly conducted the investigation and therefore, a complaint was lodged by respondent No.2 - 5 - HC-KAR CNR: KAHC010402542026 NC: 2026:KHC:46078 CRL.P No. 8474 of 2026 against him before the higher officers and he, accordingly, prays to dismiss the petition. 6. Perusal of the material on record would indicate that petitioner is working in a Finance Company known as Jana Small Finance Bank Limited and it appeared that victim lady had an account in the said finance company. When she had gone to the Finance Company to deposit money, she got acquainted with the petitioner. On 05.12.2024, when she had gone to the Finance Company for collecting her Accounts Statement, petitioner who was working as a Collection Manager in the said Financial Company, allegedly informed her that the statement would be delivered to her in her house. Thereafter, on 08.12.2024, he had come to her house and on the said day at about 03.30 p.m., after entering the house he had locked the door and had forcible sexual intercourse with her. Subsequently, when she started crying, he allegedly informed her that he would marry her. Thereafter, he was avoiding the victim lady. On 02.02.2026, the victim lady - 6 - HC-KAR CNR: KAHC010402542026 NC: 2026:KHC:46078 CRL.P No. 8474 of 2026 and her relatives, well wishers, etc., had gone to meet the petitioner and on the said day, he allegedly abused her referring to her caste and also stated that he has no intention to marry her. It is under these circumstances, FIR was registered against the petitioner on 07.03.2026. 7. A reading of the first information as well as the charge sheet material, including the statement of the victim lady recorded under Section 183 of BNSS, 2023 goes to show that the allegation against the petitioner is that on 08.12.2024 at about 03.30 p.m., when he had come to the house of the victim lady for the purpose of delivering her account statement, he allegedly locked the door of her house and had forcible sexual intercourse with her. After the act was committed by the petitioner, the victim lady has started crying and the allegation is that, it is only thereafter, he has promised to marry the victim lady. - 7 - HC-KAR CNR: KAHC010402542026 NC: 2026:KHC:46078 CRL.P No. 8474 of 2026 8. Section 69 of BNS, 2023, would get attracted only if a person has sexual intercourse with a woman by deceitful means or by making promise to marry her, without any intention of fulfilling the same. 9. In the present case, prior to the alleged act committed by the petitioner, he had not induced the victim lady or made any false promise to her to marry her. In respect of the alleged act that had taken place on 08.12.2024, complaint was belatedly filed on 07.03.2026. There is no mention either in the complaint or in the statement of the victim lady recorded under Section 183 of BNSS, 2023, that even after 08.12.2024, petitioner had sexual intercourse with her with the false promises of marriage. Petitioner, who has no other criminal antecedents is in custody for the last 5 months. Investigation of the case is completed and charge sheet is filed. Allegations found in the charge sheet are required to be proved in a full fledged trial. Under the circumstances, the Court pass the following: - 8 - HC-KAR CNR: KAHC010402542026 NC: 2026:KHC:46078 CRL.P No. 8474 of 2026 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.31/2026 of Tumakuru Women Police Station, Tumakuru, registered for the offences punishable under Sections 64, 69, 351(2), 352 of BNS, 2023, pending in CC No.89/2026 before the Court of IV Additional District and Sessions Judge, Tumakuru, 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; - 9 - HC-KAR CNR: KAHC010402542026 NC: 2026:KHC:46078 CRL.P No. 8474 of 2026 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 tsn* List No.: 1 Sl No.: 12