- 1 - HC-KAR NC: 2026:KHC:5955 CRL.P No. 16766 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16766 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: HARISH KUMAR T.L S/O LAKSHMANAPPA AGED ABOUT 34 YEARS R/A NO. 402, BDA APARTMENT IV STAGE, KANIMAKKI HEJJALA, KENGERI HOBLI BANGALORE–560 060 …PETITIONER (BY SRI. VIKAS M, ADVOCATE FOR SRI. SURESH GOWDA B.R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SRINGERI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE–560 001 2. SMT. SUDHA S. NAIKA D/O SHIVA NAIKA AGED ABOUT 32 YEARS R/A SUNKATHI VILLAGE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5955 CRL.P No. 16766 of 2025 HALAGERI POST, SIDDAPURA TALUK NORTH CANARA DISTRICT-581 208 …RESPONDENTS (BY SRI. MOHD AYUB ALI, ADDL. SPP FOR R1; R2 - SERVED AND UNREPRESSED) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PRESENT PETITION BY GRANTING REGULAR BAIL TO THE PETITIONER/ ACCUSED IN (CR.NO.49/2025) IN SC.NO.127/2025 ON THE FILE OF THE PRL. DIST AND SESSIONS JUDGE, AT CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 69, 318(4) AND 351(2) OF THE BNSS ACT 2023, REGISTERED BY SRINGERI POLICE STATION BASED ON THE COMPLAINT LODGED BY THE DE FACTO COMPLAINANT. 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 sole accused under Section 483 of BNSS praying to grant bail in S.C.No.127/2025 arising out of Crime No.49/2025 of Sringeri Police Station pending on the file of Principal District and Sessions Judge, Chikkamagaluru registered for offences punishable under Sections 69, 318(4), 351(2) of BNS. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State. - 3 - HC-KAR NC: 2026:KHC:5955 CRL.P No. 16766 of 2025 3. Learned counsel for the petitioner would contend that sexual intercourse between petitioner and the victim girl is consensual. The alleged gold given by the victim to the petitioner is on the next morning of the alleged sexual intercourse. The victim girl is aged 32 years. The statement of the victim has been recorded under Section 183 of BNSS and there is no allegation of any forcible sexual intercourse and there is no refusal by this petitioner to marry the victim girl. The gold sold by the petitioner has been seized from the jewelry shop and it has been returned to the victim. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prays to allow the petition. 4. Per contra, and learned Additional SPP for the respondent –State would contend that the petitioner under the promise of marriage had sexual intercourse with the victim girl and induced her to give her gold ornaments and received gold ornaments. Thereafter, he switched off his phone and did not contact the victim girl. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. The statement of the victim girl has been recorded under - 4 - HC-KAR NC: 2026:KHC:5955 CRL.P No. 16766 of 2025 Section 183 of BNSS. If the petitioner is granted bail, there are chances of he threatening the victim and other prosecution witnesses. With this, he 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 charge sheet, the case of the prosecution is that the victim girl came in contact with the petitioner through matrimonial app, went to her house and talked regarding the marriage. Thereafter, the petitioner asked the victim girl to come to Sringeri and took her to lodge and promised her that he will marry her and had sexual intercourse 2 to 3 times and asked her to give gold as he is in financial difficulty and took gold ornaments and thereafter, he switched off his phone and not returned the gold to the victim. The victim girl is aged 32 years. The petitioner is aged 34 years. The victim girl in her statement recorded under Section 183 of BNSS has not alleged any forcible sexual intercourse by this petitioner on her. The said statement does not contain any statement regarding petitioner refusing to marry the victim. During investigation, the Investigating Officer has been seized the gold from the - 5 - HC-KAR NC: 2026:KHC:5955 CRL.P No. 16766 of 2025 jewelry shop and it has been returned to the complainant. The petitioner is in judicial custody since 18.07.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. Considering the above aspect, the petitioner has made out case for grant of bail with conditions. 7.In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in S.C.No.127/2025 arising out of Crime No.49/2025 of Sringeri Police Station pending on the file of Principal District and Sessions Judge, Chikkamagaluru registered for offences punishable under Sections 69, 318(4), 351(2) of BNS subject to following conditions: a) The petitioner –accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety - 6 - HC-KAR NC: 2026:KHC:5955 CRL.P No. 16766 of 2025 for the like sum to the satisfaction of the trial Court. b) The petitioner –accused shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner –accused shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 4