Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:16001 CRL.P No. 3132 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3132 OF 2026 (439(Cr.PC) / 483(BNSS))
BETWEEN:
MR.VINAYAK BHANU J S/O MR.JAYAPALAN, AGED ABOUT 38 YEARS, R/AT NO.72/181, LINGAPPA LANE 2, HEAD POST OFFICE, COIMBATORE, TAMILNADU - 641 001.
…PETITIONER (BY SRI. B KESHAVA MURTHY, ADVOCATE)
AND:
1.
THE STATE BY SHO VIVEKANGAR P.S., REP. BY SPP.,
Digitally signed by NARAYANA UMA Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:16001 CRL.P No. 3132 of 2026
HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
2.
MRS. NILOUFER D/O LATE PETER ARUJAH AGED ABOUT 41 YEARS, R/AT C-15, 1456, BDA FLATS, AUSTIN TOWN, BANGALORE - 560 047.
…RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1;
SRI. SUDHIR B., ADVOCATE FOR R2)
THIS CRL.P FILED U/S.439 CR.P.C. (FILED U/S.483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THIS PETITION AND PETITIONER MAY BE GRANTED BAIL IN CR.NO.221/2025 REGISTERED BY THE VIVEKNAGAR P.S., FOR THE ALLEGED OFFENCE P/U/S 69, 318(2) OF BNS ON THE FILE OF 29th ACMM, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR NC: 2026:KHC:16001 CRL.P No. 3132 of 2026
ORAL ORDER
1. The petitioner / accused is before this Court seeking for grant of regular bail in Crime No.221/2025 registered by the respondent-police for the offences punishable under Sections 69, 318(2) of the Bharatiya Nyaya Sanhita,
2023.
Brief facts of the case:
2. The case of the prosecution is that, the complainant got acquainted with the petitioner through an online application, namely, Hinge, in the year 2018. Both have exchanged their phone numbers and developed intimacy with each other. The petitioner knew that the complainant was handicapped and assured that he would marry her after opening his second branch of the saloon. On 05.03.2022, the petitioner herein had committed sexual intercourse. Again, on 18.06.2022, he had committed sexual intercourse with her. Likewise, he had committed such acts on several occasions. In the meantime, it is also alleged that the complainant had
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HC-KAR NC: 2026:KHC:16001 CRL.P No. 3132 of 2026
given him an amount of Rs.20,37,441/- through RTGS to establish his business, but later, he refused to marry her. Therefore, she lodged a complaint before the respondent - police. The respondent – police, on receiving the said information, registered FIR in Crime No.221/2025 for the offences stated supra. 3. Heard Sri B. Keshava Murthy, learned counsel for the petitioner, Sri Rangaswamy R., learned High Court Government Pleader for respondent No.1 – State and Sri Sudhir B., learned counsel for the respondent No.2. 4. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences. The proposal for the marriage has been broken on account of some unavoidable circumstances. That itself would not be sufficient to hold that he had animus to deceive the complainant. The petitioner is aged about 38 years and a permanent resident of Coimbatore, Tamil Nadu. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. - 5 -
HC-KAR NC: 2026:KHC:16001 CRL.P No. 3132 of 2026
5. Per contra, learned High Court Government Pleader for the respondent No.1 – State vehemently submitted that the petitioner, after knowing that the victim is a handicapped woman, promised her that he would marry her with an intention to deceive her and further, he had committed sexual intercourse with her on several occasions on the pretext of a false promise of marriage. In addition to the said acts committed by him, he had received an amount of Rs.20,37,441/- via RTGS. Later, he refused to marry her. Hence the complaint.
Therefore, it is not appropriate to grant any relief as prayed for in the petition. Making such submissions, learned High Court Government Pleader prays to reject the petition. 6.
Learned counsel for the respondent No.2 adopted the
arguments of the learned High Court Government Pleader appearing for respondent No.1 – State and prays to reject the petition.
7. Having heard the learned counsel for the respective parties and perused the averments made in the complaint, it appears from the record that in the year 2018, both the petitioner and the complainant got
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HC-KAR NC: 2026:KHC:16001 CRL.P No. 3132 of 2026
acquainted with each other through social media and exchanged their phone numbers. It appears that the petitioner had committed sexual intercourse with the complainant on several occasions on the false promise of marriage and also further received the amount of Rs.20,37,441/- on different dates by saying that he would establish his business etc.,
8. Be that as it may, the averments of the complaint would indicate that the earlier incident of sexual intercourse had taken place on 05.03.2022. Later, it is alleged that he refused to marry her on 04.12.2025. The manner indicates the averments of the complaint. On going through the averments of the complaint, without adverting to the merits of the case, it is appropriate to grant bail as prayed for by imposing suitable conditions that would take care of the apprehension of the prosecution.
9. Hence, I proceed to pass the following:-
ORDER (i) The Criminal Petition is allowed.
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HC-KAR NC: 2026:KHC:16001 CRL.P No. 3132 of 2026
(ii) The petitioner is ordered to be enlarged on bail in Crime No.221/2025 registered by the respondent-police for the offences stated supra, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one local surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall mark his attendance before the respondent – police once in fifteen days, especially on Saturday between 10.00 a.m. to 02.00 p.m., till filing of final report. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.
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HC-KAR NC: 2026:KHC:16001 CRL.P No. 3132 of 2026
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
BSS List No.: 1 Sl No.: 51