- 1 - HC-KAR NC: 2026:KHC:1957 CRL.P No. 12781 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12781 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: SUHEL AHMED CHOUDRY S/O SALIK AHMED CHOUDRY, AGED 34 YEARS, R/AT C/O MANJUNATH BUILDING, VMARKS HEIGHT BEHIND, NEW GRAND MART, KAMMASANDRA, ATTIBELE, ANEKAL TALUK, BENGALURU - 562 107. &PETITIONER (BY SRI. S.R.SREEPRASAD, ADVOCATE) AND: STATE BY KARNATAKA HEBBAGODI P.S. REPRESENTED BY SPP, BENGALURU - 560 001. &RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.145/2025 IN C.C.NO.4058/2025 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC COURT, AT ANEKAL FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 64(2)(m) AND Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1957 CRL.P No. 12781 of 2025 351(2) OF BNS ACT, 2023 REGISTERED BY RESPONDENT HEBBAGODI POLICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.145/2025 of Hebbagodi Police Station registered for offences punishable under Sections 64(2)(m) and 351(2) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, the further statement of the victim lady has been recorded on 24.05.2025 wherein there is a mention of demand of Rs.50,000/- from the petitioner by her and as it is not given, she has filed a complaint. The said aspect - 3 - HC-KAR NC: 2026:KHC:1957 CRL.P No. 12781 of 2025 itself indicates that, there is a financial transaction between the petitioner and the victim lady. The victim lady has demanded money for going out of the house of the petitioner and as he refused to give money, she has filed a false complaint. The doctor who examined the victim lady has opined that, there are no signs suggestive of veginal intercourse, but history of intercourse cannot be ruled out. The statement of the victim lady has been recorded under Section 183 of BNSS wherein there is allegation against the wife of this petitioner video recording incident and the said video recording incident in a mobile has not been seized or collected. The alleged date of incident has not been stated by the victim lady in the averments of the complaint or in her statement recorded under Section 183 of BNSS. The petitioner is in judicial custody since 26.03.2025 and as the charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition. - 4 - HC-KAR NC: 2026:KHC:1957 CRL.P No. 12781 of 2025 4. Per contra, learned High Court Government Pleader for respondent would contend that, the averments of the complaint and the statement of the victim lady in record under Section 183 of BNSS clearly indicate the acts of this petitioner sexually assaulting her in his house. The victim lady is aged twenty (20) years and she is married having husband and child. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. The victim lady has filed a complaint against the petitioner and two others. After the investigation, charge sheet has been filed only against this petitioner and other two accused persons were left out. Accused No.2 in the FIR is the wife of this petitioner and charge - 5 - HC-KAR NC: 2026:KHC:1957 CRL.P No. 12781 of 2025 sheet has not been filed against her. On reading of the averments in the complainant, no specific date of sexual assault has been stated and even in her statement filed under Section 183 of the BNSS, there is no specific date of sexual assault on the victim lady by the petitioner. The doctor who examined the victim lady has given opinion that, there are no signs suggestive of veginal intercourse. The further statement of the victim girl indicate that, she has demanded Rs.50,000/- from the petitioner and as he has not given the said money, she has filed a complaint against him. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 26.03.2025. There are no criminal antecedents of the petitioner. 7. Considering all the above aspect, the petitioner has made out a case for grant of bail with conditions. In the result, the following; - 6 - HC-KAR NC: 2026:KHC:1957 CRL.P No. 12781 of 2025 ORDER The Criminal Petition is allowed. The petitioner is granted bail in Crime No.145/2025 of Hebbagodi Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 2 Sl No.: 4