- 1 - HC-KAR NC: 2026:KHC:1988 CRL.P No. 16826 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. 16826 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR JEEVAN GOWDA S/O VENKATESH AGED ABOUT 21 YEARS BMS COLLEGE, BANGALORE OCCUPATION: STUDENT OF VTH SEMESTER BE R/AT No.35, 2ND CROSS KAVERI NAGAR, KATRIGUPPE MAIN ROAD BANGALORE CITY. KARNATAKA - 560 085. &PETITIONER (BY SRI HASHMATH PASHA, SENIOR COUNSEL FOR SRI KARIAPPA N A, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HANUMANTHANAGAR POLICE STATION BANGALORE CITY 3 560 024. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001). &RESPONDENT Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1988 CRL.P No. 16826 of 2025 (BY SMT. WAHEEDA M M, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.No.242/2025 OF HANUMANTHNAGAR POLICE STATION, BANGALORE CITY, FOR OFFENCES PUNISHABLE UNDER SECTIONS 64 OF BNS. 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 the petitioner -accused under Section 483 of BNSS praying to grant bail in Crime No.242/2025 of Hanumanthanagar Police Station registered for offence under Section 64 of BNS. 2. Heard learned Senior Counsel for the petitioner and learned High Court Government Pleader for the respondent 3State who is assisted by learned counsel for the defacto complainant. 3. Learned Senior Counsel for the petitioner would contend that the petitioner is studying 5th Semester and victim girl is studying in 7th Semester of the course in - 3 - HC-KAR NC: 2026:KHC:1988 CRL.P No. 16826 of 2025 BMS College, Bangalore and they are acquainted with each other. The alleged incident has taken place on 10.10.2025 and complaint has been filed on 15.10.2025 and there is delay of 05 days in the complaint. The complaint has been filed at the instance of Darshan and Tarun. The averment of the complaint is that this petitioner asked the victim lady that whether she requires any pill and she answering as no and that she will manage itself indicate that the alleged act is consensual. The alleged incident has taken place in gent's toilet during the lunch hour and if there is any force by the petitioner, then the victim would have screamed and gathered several students and other staff in the college. The doctor who examined the victim girl has opined that sexual act not can be confirmed or refuted. The FSL report indicates no seminal stains on the clothes of the victim. The day, on which the notice has been issued to the petitioner under Section 35(3) of BNS, he has been arrested without giving an opportunity to him to appear before the Investigating Officer. The petitioner has - 4 - HC-KAR NC: 2026:KHC:1988 CRL.P No. 16826 of 2025 also been examined by the Doctor before whom he has given history which indicates the consensual act. The voluntary statement of the petitioner has also been recorded wherein he has narrated the entire incident taken place on 10.10.2025 and as per him it is consensual act. The petitioner is in judicial custody since 16.10.2025. As the charge sheet is filed, he is not required for custodial interrogation. The petitioner is student studying in the 5th Semester of the course and if he is not granted bail it will affect his educational career. With this he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent 3State who is assisted by learned counsel for the defacto complainant would contend that the petitioner and the victim were friends. If the alleged act is consensual, it ought to have taken place in some other place not in the toilet in the college. The victim girl has given history before the doctor at the time of her - 5 - HC-KAR NC: 2026:KHC:1988 CRL.P No. 16826 of 2025 examination as the alleged act is forciable act. The statement of the victim girl has been recorded under Section 183 of the BNSS. The charge sheet papers establish prima facie case against the petitioner for the offence alleged against him. If the petitioner is granted bail, there is threat to the victim and other prosecution witnesses. With this, she prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per the case of the prosecution, the alleged incident has taken place on 10.10.2025 between 01.30p.m. to 01.50p.m., in the male toilet of college situated in 6th floor. As per the statement of the victim lady, as averred in the complaint and also in the statement under Section 183 of BNSS is that the alleged act is forcible act. On examination of the victim lady by the doctor, no external injuries are found on her body. - 6 - HC-KAR NC: 2026:KHC:1988 CRL.P No. 16826 of 2025 7. The incident has taken place on 10.10.2025 and the FIR has been filed on 15.10.2025. The averments of the complaint indicate that as insisted by her friends, she has filed the complaint. In the averment of the complaint, it is mentioned that petitioner made a phone call to the victim lady on the day of incident and asked her whether she need pill and she said no and that she will manage. The said act is stated to be consensual between petitioner and the victim lady. 8. The petitioner is studying in 5th Semester and the victim lady is studying in 7th Semester in the same college and the victim lady is senior to the petitioner. As charge sheet is filed, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner is student studying in 5th Semester and if he is continued in the prison it will affect his educational career. Considering - 7 - HC-KAR NC: 2026:KHC:1988 CRL.P No. 16826 of 2025 the above aspects, the petitioner has made out case for grant of bail with conditions. 9. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No. No.242/2025 of Hanumanthanagar Police Station subject to following conditions: a) The petitioner -accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. b) The petitioner -accused shall not tamper the prosecution witnesses either directly or indirectly. - 8 - HC-KAR NC: 2026:KHC:1988 CRL.P No. 16826 of 2025 c) The petitioner -accused shall attend the trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 5 Ct.sm