Criminal Petition No. 5327 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17847 CRL.P No. 5327 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5327 OF 2025 BETWEEN: SUBANA BALDAR @ SUBANAHALLAH BALDAR S/O. BASHEER BHALADAR AGED 31 YEARS OCC POLICE CONSTABLE HEBBAL POLICE STATION MYSURE CITY, R/O JYOTI NAGAR QUARTERS, ROOM NO.109 JYOTI NAGAR, MYSURU - 570 001. (BY SRI AVINASH M. ANGADI, AV. AND:
Legal Reasoning
STATE OF KARNATAKA THROUGH MYSURU WOMAN POLICE STATION DISTRICT MYSURU, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
Legal Reasoning
(BY SMT. ANITHA GIRISH, HCGP FOR SRI RAVI J.S, ADV.) Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER IN CR.NO.23/2023 REGISTERED BY THE MYSURU WOMEN P.S OF HE IS ARRESTED BY THEN FOR THE OFFENCE P/U/S 376(2)(n),323,355,417,504,506 OF IPC, PENDING ON THE FILE OF HONBLE PRL. CIVIL JUDGE (SR.DN) AND CJM COURT, MYSORE DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - NC: 2025:KHC:17847 CRL.P No. 5327 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.23/2023 registered Mysuru Women Police Station, Mysuru, for the offences punishable under Sections 376(2)(n), 323, 355, 417, 504, 506 of IPC, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.23/2023 was registered by Mysuru Women Police Station, Mysuru, for the aforesaid offences against the petitioner herein based on the first information dated 05.07.2023 that was submitted by the victim lady aged about 34 years. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.1249/2023 before the jurisdictional Sessions Court, which was rejected on 20.07.2023. Therefore, he is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that after anticipatory bail application was rejected by the jurisdictional Sessions Court, he had approached this Court under Section 482 of - 3 - NC: 2025:KHC:17847 CRL.P No. 5327 of 2025 Cr.PC with a prayer to quash the FIR. In the said proceedings, there was an interim order granted by the coordinate bench of this Court and ultimately by order dated 03.04.2025, the said petition has been dismissed. It is under these circumstances, the petitioner is before this Court. Petitioner is a Police Constable and is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP and the learned Counsel for respondent no.2 – defacto complainant have opposed the petition. Learned Counsel for the defacto complainant submits that petitioner on the pretext of marrying the victim, had sexual intercourse with her. Petitioner who is a police constable has threatened the victim lady to withdraw the case and in the event, he is granted bail, he is likely to tamper with the material witnesses. Accordingly, he prays to dismiss the petition. 6. Perusal of the first information which is submitted by the victim lady aged about 34 years who is said to be a Government employee would reveal that she got acquainted to - 4 - NC: 2025:KHC:17847 CRL.P No. 5327 of 2025 the petitioner who is a Police Constable in the year 2021 through facebook, and thereafter, they were exchanging messages. Subsequently, they met each other and had visited various places together. It is alleged that on 26.11.2021, petitioner had sexual intercourse with the victim girl against her wishes and thereafter he had repeated the said act many times and he was visiting her house and assaulting her. It is also alleged that petitioner has taken certain private photographs of the victim lady and was blackmailing her. Since the victim was a Government servant, she had not lodged any complaint against him. She has stated that because of her relationship with the petitioner, she apprehends that she is suffering from HIV. She has further alleged that petitioner had threatened her not to register any case against him. 7. From a reading of the detailed complaint filed by the first informant it is apparent that she had relationship with the petitioner for a considerable period of time and the allegation now made against him is that he had sexual intercourse with her against her wishes. Petitioner is a police constable and the alleged victim who is aged 34 years is also a Government servant. The further proceedings in the FIR was stayed by this - 5 - NC: 2025:KHC:17847 CRL.P No. 5327 of 2025 Court in a petition filed under Section 482 of Cr.PC in Crl.P.No.6401/2023 which was ultimately dismissed on 03.04.2025. It is under these circumstances, petitioner is before this Court. 8. From the entire reading of the first information, it appears that the relationship between the parties is consensual and they had shared the said relationship for a considerable period of time. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioner’s prayer for grant of anticipatory bail is required to answered affirmatively. Accordingly, the following order: 9. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.23/2023 registered Mysuru Women Police Station, Mysuru, for the offences punishable under Sections 376(2)(n), 323, 355, 417, 504, 506 of IPC, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a - 6 - NC: 2025:KHC:17847 CRL.P No. 5327 of 2025 personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK