- 1 - HC-KAR CNR: KAHC010537932026 NC: 2026:KHC:46717 CRL.P No. 11835 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11835 OF 2026 BETWEEN: SANDEEP SINGH KUSHWAHA @ SANDEEP KUMAR S/O SHIVA BAHADDUR SINGH KUSHAWAHA AGED ABOUT 25 YEARS PRESENTLY R/AT SHREE KRISH PG 18 TH MAIN ROAD, 2ND CROSS NS PALYA, BTM LAYOUT, BANGLORE PERMANENT R/AT MIRZABAD ADAL MIRZABAD MANIA, BANWARKOL GHAZIPUR, UTTARPRADESH - 233 231. …PETITIONER (BY SRI MADAN K.S, ADV.) AND: STATE OF KARNATAKA BY JAYANAGAR POLICE STATION REP. BY SPP OFFICE HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL, ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT IN S.C.NO.280/2026 OF JAYANAGAR POLICE STATION IN CR.NO.429/2025 FOR OFFENCE P/US/ 64(1) OF BNS 2023 WHICH IS NOW PENDING BEFORE THE COURT OF HONBLE LIII ADDL CITY CIVIL AND SESSIONS JUDGE, AT 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: KAHC010537932026 NC: 2026:KHC:46717 CRL.P No. 11835 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in SC No.280/2026 pending before the Court of LIII Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.429/2025 registered by Jayanagar Police Station, Bengaluru, for the offence punishable under Section 64(1) 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 parties. 3. FIR in Crime No.429/2025 was registered by Jayanagar Police Station, Bengaluru, for the aforesaid offences against petitioner herein based on the first information dated 21.12.2025 received from victim lady aged 29 years. During the course of investigation, petitioner was arrested on 21.12.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in SC No.280/2026 was rejected on 30.04.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010537932026 NC: 2026:KHC:46717 CRL.P No. 11835 of 2026 4. Perusal of the material on record would go to show that victim aged 29 years is a married lady and petitioner is acquainted to her. Husband of the victim lady was working as a security guard. In the first information, it is stated that on 18.12.2025 at about 10.00 p.m. petitioner, who came to the house of the first informant when her husband was not in the house, allegedly forcibly entered the house and thereafter committed forcible sexual intercourse with her and left the house. First information in respect of the alleged incident that took place on 18.12.2025 was submitted belatedly at 17.30 hours on 21.12.2025. Immediately thereafter victim lady was subjected to medical examination before KIMS Hospital in Bengaluru. Before the Doctor, who had examined the victim lady, she has stated that about 10.00 p.m. on 18.12.2025 when her husband was not there, petitioner had entered her house. Subsequently at 12.00 p.m. and at 03.00 a.m. he had sexual intercourse with her and had left the house at about 05.00 a.m. on the morning of 19.12.2025. - 4 - HC-KAR CNR: KAHC010537932026 NC: 2026:KHC:46717 CRL.P No. 11835 of 2026 5. Petitioner aged 25 years having no other criminal antecedents is in custody from 21.12.2025 onwards. Investigation of the case is completed and charge sheet is filed. The allegation against the petitioner is required to be proved in a full fledged trial. In view of the aforesaid analysis of the matter, more so, in view of the statement made by the victim lady before the Doctor, who had medically examined her, 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 SC No.280/2026 pending before the Court of LIII Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.429/2025 registered by Jayanagar Police Station, Bengaluru, for the offence punishable under Section 64(1) 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; - 5 - HC-KAR CNR: KAHC010537932026 NC: 2026:KHC:46717 CRL.P No. 11835 of 2026 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.: 83