- 1 - HC-KAR NC: 2026:KHC-D:1109 CRL.P No. 104435 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104435 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SHRI. CHIRANJEEVI S/O KADASIDDAPPA AGE. 26 YEARS, OCC. EMPLOYEE, R/O. NITTUR VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI-583122. …PETITIONER (BY SRI. SRINAND A. PACHAPURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH TEKKALKOTE POLICE STATION, BALLARI, NOW REP BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. 2. VICTIM R/O. NEAR SUNKLAMMA TEMPLTE NITTUR VILLAGE, TQ. SIRUGUPPA DIST. BALLARI-583122. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; NOTICE SERVED TO R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.1, IN THE EVENT OF HIS ARREST IN CRIME NO.19/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 64(2)(M), 351(1), 351(2), 351 (3), 238 R/W SECTION 3(5) OF BNS AND SECTION 67 (A) OF INFORMATION TECHNOLOGY ACT, 2000, BY TAKKALKOTA POLICE STATION BALLARI, PENDING ON THE Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1109 CRL.P No. 104435 of 2025 FILE OF ADDL CIVIL JUDGE (JR. DN) AND JMFC, SIRUGUPPA IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Srinand A. Pachhapure, learned counsel for petitioner and Sri P.N.Hatti, learned High Court Government Pleader for respondent No.1-State. 2. Accused who has been shown as absconding accused in the charge sheet filed in respect of Crime No.19/2025 of Tekkalkota Police Station, is the petitioner who is seeking the following relief: “Wherefore, it is respectfully prayed before this Hon’ble Court to grant anticipatory bail to the petitioner/accused No.1, in the event of his arrest in Crime No.19/2025 registered for the offences punishable under Section 64(2)(m), 351(1), 351(2), 351(3), 238 read with Section 3(5) of BNS and Section 67(A) of Information Technology Act, 2000, by Takkalkota Police Station, Ballari, pending on the file of Addl. Civil Judge (Jr. Dn.) and JMFC, Siruguppa, in the interest of justice.” - 3 - HC-KAR NC: 2026:KHC-D:1109 CRL.P No. 104435 of 2025 3. Facts in nutshell which are utmost necessary for disposal of the present petition are as under: 4. A complaint came to be lodged by the victim girl with Tekkalkota Police Station, contending that she is the resident of Nittur Village, Siraguppa Taluk, Ballari District and she is residing with her mother, elder brother in the house and her younger sister is residing in B.C.M. Hostel, Siraguppa. 5. The present petitioner got acquainted with the victim girl when the victim girl used to visit the public tap for washing the clothes. After developing sufficient intimacy, the accused took the victim girl to his house and in the guise of love affair, had a forcible sexual intercourse with her and took photographs of the intimate scenes. 6. It is further alleged in the complaint that keeping the photographs with him, the accused started blackmailing her for physical relationship as and when called and also threatened the victim girl that if the incident is revealed to either her elder brother or mother, she would take away their lives. - 4 - HC-KAR NC: 2026:KHC-D:1109 CRL.P No. 104435 of 2025 7. Accused also procured a mobile telephone to her and used to call her whenever accused wanted to have the physical relationship. The relationship between the accused and victim girl somehow reached the ears of the family members of the victim girl. The same was reported to the police on 11.03.2025 at about 08.30 p.m. 8. Police after registering the case in Crime No.19/2025 for the offences under Sections 64(2)(m), 351(1), 351(2), 351(3), 238 read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023 and Section 67(A) of the Information Technology Act, investigated the matter and filed charge sheet and the accused has been shown as absconding. 9. Attempt made by the accused to obtain an order of grant of anticipatory bail was turned down by the learned Trial Judge and thereafter, the petitioner is before this Court. 10. Learned counsel for the petitioner would contend that victim was major and it is a consensual act and therefore, no offence whatsoever could be attracted as is alleged against him and therefore, sought for grant of anticipatory bail. - 5 - HC-KAR NC: 2026:KHC-D:1109 CRL.P No. 104435 of 2025 11. Per contra, Sri P.N.Hatti, learned High Court Government Pleader opposes the bail grounds by contending that it is not a case of love affair as no true lover would take the photographs of intimate moments and blackmail the partner for the purpose of continuous physical relationship and therefore, sought for dismissal of the petition. 12. He would further contend that accused is a absconding accused and therefore, this Court cannot grant bail for an absconding accused by exercising power under Section 482 BNSS. 13. Having heard the arguments of both sides, this Court perused the material on record meticulously. 14. On such perusal of the material on record, it is crystal clear that there was intimacy developed between the parties. However, the victim girl was enticed by the petitioner herein to have the physical relationship in the guise of having a love affair. Thereafter, he took photographs of the victim girl of intimate scenes and was threatening the victim girl that if she - 6 - HC-KAR NC: 2026:KHC-D:1109 CRL.P No. 104435 of 2025 does not obey his instructions for the forcible sexual intercourse, she would publicize the photographs of the intimate scenes. 15. When the blackmailing of the accused was unable to be tolerated, complaint came to be lodged and police have investigated the matter and filed charge sheet, showing the accused as absconding. 16. In the first place, accused having been shown as the absconding accused, he cannot be termed as a law-abiding citizen so as to grant a special relief of anticipatory bail. 17. Secondly, assuming that the incident is a consensual act on account of the love affair, no true lover would indulge in taking photographs of intimate scenes and blackmail the victim girl for forcible sexual intercourse. 18. Prima facie materials have been collected by the investigation agency and the charge sheet is filed. 19. Under such circumstances, request of the petitioner cannot be entertained. - 7 - HC-KAR NC: 2026:KHC-D:1109 CRL.P No. 104435 of 2025 20. Accordingly, following: ORDER Petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM- upto para 10 CLK – para 11 to till end CT:CMU / LIST NO.: 2 SL NO.: 5