- 1 - HC-KAR NC: 2026:KHC:14236 CRL.P No. 1546 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.1546 OF 2026 (439(Cr.PC)/ 483(BNSS)) BETWEEN: SRINIVASA @ SRINIVAS. S.N., S/O. NARAYANAPPA, AGED ABOUT 28 YEARS, R/AT. SIDDAREDDYDINNE VILLAGE, BETHAMANGALA HOBLI, KGF TALUK, KOLAR DISTRICT-563 116. (ACCUSED IS IN JC) …PETITIONER (BY SRI. CHETHAN A, ADVOCATE) AND: STATE OF KARNATAKA, BY THE STATION HOUSE OFFICER, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14236 CRL.P No. 1546 of 2026 BETHAMANGALA POLICE STATION, KGF TALUK, KOLAR DISTRICT, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.154/2025 NOW REGISTERED AS CC.NO.75/2026 FOR OFFENCES PUNISHABLE UNDER SECTION 69, 115(2), 318(4), 351(3), 79 OF BHARATIYA NYAYA SANHITA-2023, ON THE FILE OF BETHAMANGALA POLICE STATION, KGF TALUK, KOLAR DISTRICT, PENDING BEFORE LEARNED I ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, KOLAR DISTRICT, KGF AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:14236 CRL.P No. 1546 of 2026 ORAL ORDER Heard. 2. The present petitioner is arraigned as accused No.1 in Crime No.154/2025 of Bethamangala Police Station, KGF Talulk, Kolar District, now registered as CC No.75/2026 for the offences punishable under Sections 69, 115(2), 318(4), 351(3), 79 of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned I Additional Senior Civil Judge and JMFC Court, KGF, Kolar District. The petitioner has approached this Court seeking grant of regular bail. 3. It is the case of the prosecution that a complainant, namely, Smt.Sumathi N has lodged a complaint stating that she is a married woman having a kid. She was working as a Guest lecturer at Government Boys P. U. College, KGF. About three years back, she had an acquaintance with accused No.1. They were talking with each other over mobile phone. It is alleged that the petitioner/Accused No.1 had proposed marriage to the - 4 - HC-KAR NC: 2026:KHC:14236 CRL.P No. 1546 of 2026 complainant and assured her that he would take care of her as well as her child and provide her with a new life. In the month of August 2024, the complainant is stated to have gone to the house of the petitioner. 4. It is alleged that during the said time, the petitioner committed sexual assault and had sexual intercourse with her. It is further alleged that, such sexual intercourse took place in the house of the petitioner/accused. As a result of the said act, the complainant became pregnant and the pregnancy was subsequently got terminated. Thereafter, the petitioner is stated to have refused to marry the complainant. Hence, she lodged a complaint before the respondent/police. 5. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. In fact, the complainant is aged about 34 years and she is having a kid of 14 years. She had not obtained divorce - 5 - HC-KAR NC: 2026:KHC:14236 CRL.P No. 1546 of 2026 from her first husband, and therefore, the question of marriage would not arise. 6. It is further submitted that the complainant, in order to take vengeance against the petitioner, as he was running an organization and also she made an attempt to bring down the reputation in the Society at large. 7. The petitioner is innocent of the alleged offences. The allegation made against him that he had promised that he would marry the complainant is baseless, concocted and untenable under law. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Making such submissions, learned counsel for the petitioner prays to allow the petition. 8. Per contra, the learned High Court Government Pleader for the respondent/State vehemently submitted that the petitioner/accused had induced the victim on the false promise of marriage and committed sexual - 6 - HC-KAR NC: 2026:KHC:14236 CRL.P No. 1546 of 2026 intercourse with her on several occasions. As a result of which, she became pregnant. It is submitted that the first pregnancy was terminated and thereafter, she again conceived, and the said pregnancy was also terminated. Therefore, she had requested the petitioner to marry her. As the petitioner had refused to marry her, a case has been registered stating that, she had been subjected to rape etc., 9. It is further submitted that the petitioner has misused the liberty given by the authority and also induced a young woman that he would marry her and committed sexual intercourse on the promise of said marriage. Hence, the petitioner is not entitled for any relief as prayed for. Making such submissions, he prayed to reject the petition. 10. Heard the learned counsel for the respective parties and perused the averments of the complaint as well as the charge sheet. It would indicate that the - 7 - HC-KAR NC: 2026:KHC:14236 CRL.P No. 1546 of 2026 complainant was working as a part-time Lecturer at Government P. U. College. She had married one Jaipal in the year 2012. She had filed an application for divorce before the Court at KGF. During the pendency of the said petition, the complainant is stated to have become acquainted with the petitioner. Thereafter, it is alleged that the petitioner had sexual intercourse with her on several occasions on the false promise of marriage. 11. It is further noticed that, on account of said sexual intercourse, she had conceived thrice and the said pregnancy got terminated even on the three occasions, at the instance of the petitioner. 12. Be that as it may, as per the records, the complainant had not obtained divorce from her first husband and the matter was pending before the Court between the complainant and her first husband. Such being the fact, filing the complaint against the petitioner that he had promised her that he would marry her appears - 8 - HC-KAR NC: 2026:KHC:14236 CRL.P No. 1546 of 2026 to be strange. Therefore, I am of the considered opinion that the petitioner has made out a case to grant bail. 13. Hence, I proceed to pass the following: ORDER i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.154/2025 of Bethamangala Police Station, KGF Taluk, Kolar District, now registered as CC No.75/2026 for the offences punishable under Sections 69, 115(2), 318(4), 351(3), 79 of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned I Additional Senior Civil Judge and JMFC Court, KGF, Kolar District, on executing personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 9 - HC-KAR NC: 2026:KHC:14236 CRL.P No. 1546 of 2026 (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 48