- 1 - HC-KAR NC: 2026:KHC:3575 CRL.P No. 16357 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16357 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR. SUBEN GHATRAJ S/O DEVEN GAHATRAJ, AGED 26 YEARS, RESIDING AT- 204/A KALYAN NAGAR, BANASAWADI, BENGALURU. 560043 …PETITIONER (BY SRI. NATARAJ D.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY H.A.L POLICE STATION REP: BY STATE PUBLIC PROSECUTOR OFF/AT HIGH COURT OF KARNATAKA BANGALORE-560001. …RESPONDENT (BY SRI. MOHD. AYUB ALI, ADDL.SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3575 CRL.P No. 16357 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL UNDER SECTION 483 OF BNSS, 2023, CC.NO.71242/2025 (CR.NO.372/2025) REGISTERED AT HAL P.S. BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 64 OF BNS WHICH IS PENDING BEFORE THE HONBLE XXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGLAURU CITY. 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 Nagarik Suraksha sanhita, 2023 praying to grant bail in Crime No.372/2025 of H.A.L Police Station registered for the offence punishable under Section 64 of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and the learned Additional State Public Prosecutor for respondent/State. 3. The learned counsel for petitioner would contend that the medical record of the victim girl does not indicate any external injuries. The victim girl herself has - 3 - HC-KAR NC: 2026:KHC:3575 CRL.P No. 16357 of 2025 stated that she had sexual intercourse with her boyfriend on 31.07.2025. There is no injury on the petitioner also. Considering the said aspect, it is clear that the alleged sexual intercourse between the petitioner and the victim girl is consensual. A false complaint has been filed against the petitioner. CW2, who is the girlfriend of the petitioner, came to know about the alleged consensual act between the petitioner and the victim girl, and therefore the victim girl changed her version and lodged the complaint. Even the blood and urine examination reports do not indicate the presence of alcohol, which is contrary to the contents of the complaint alleging that the petitioner, CW1, and CW2 had together consumed alcohol. The petitioner is in judicial custody since 02.08.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that - 4 - HC-KAR NC: 2026:KHC:3575 CRL.P No. 16357 of 2025 the petitioner committed forcible sexual intercourse on the victim girl. It is further contended that CW2 is a witness who was present in the house where the alleged offence took place, and her statement has also been recorded. The voluntary statement of the petitioner also indicates the alleged act committed by the petitioner. The charge sheet materials show a prima facie case against the petitioner for the offences alleged against him. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. As per the charge sheet, the case of the prosecution is that the petitioner is a boyfriend of CW2. CW1 who came to the house of CW2 was residing there for some days. On the day of incident CW1 and CW2 were consuming alcohol and at that time the petitioner came and joined them for consuming alcohol. After consuming - 5 - HC-KAR NC: 2026:KHC:3575 CRL.P No. 16357 of 2025 alcohol, the petitioner and CW2 slept in a room, and CW1 slept in the hall. At about 04.30 to 05.00 a.m., the petitioner is alleged to have committed forcible sexual intercourse with CW1, who was sleeping in the hall, by removing her clothes. 7. CW2 was present in the house in which the incident is alleged to have taken place. CW1 has alleged that she screamed. The doctor who examined the victim's girl has noted that there are no external injuries on CW1. The blood and urine test of petitioner and the victim girl were examined and report states that they have not consumed alcohol. It is the contention of the petitioner that the said act is consensual. 8. The learned counsel for the petitioner submitted that, since CW2 had seen the consensual act between the petitioner and CW1, CW1 subsequently changed her version and made an allegation of forcible sexual intercourse against the petitioner. There are no any - 6 - HC-KAR NC: 2026:KHC:3575 CRL.P No. 16357 of 2025 external injuries on the body of the petitioner also. The petitioner is in judicial custody since 02.08.2025 and as the charge sheet is filed the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. 9. Considering the above aspects the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.372/2025 of H.A.L Police Station registered for the offence punishable under Section 64 of Bharatiya Nyaya Sanhita, 2023 subject to following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2026:KHC:3575 CRL.P No. 16357 of 2025 b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE bkm List No.: 1 Sl No.: 13