Criminal Petition No. 6481 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19208 CRL.P No. 6481 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6481 OF 2025 BETWEEN: 1. TRIVEDH R. S/O RAJU S. AGED ABOUT 27 YEARS R/O NO.39, SAPTHAGIRI LAYOUT KOTHANUR MAIN ROAD J.P.NAGAR 7TH PHASE BANGALORE-560 078. (BY SRI. VASANTHA KUMAR B.G., ADVOCATE) …PETITIONER AND: 1. STATE OF KARNATAKA
Legal Reasoning
KONANKUNTE POLICE, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA PREMISES BANGALORE-560 001.
Legal Reasoning
(BY SRI. RANGASWAMY R., HCGP) Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA …RESPONDENT THIS CRL.P FILED U/S 439 CR.PC (U/S 483 OF BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 126(2), 351(3), 352, 74, 64(2)(m) OF BNS-2023 ON THE FILE OF KONANAKUNTE POLICE STATION PENDING BEFORE HONBLE 30TH ADDL. CHIEF JUDICIAL MAGISTRATE AT BANGALURU IN CRIME NO.5/2025. - 2 - NC: 2025:KHC:19208 CRL.P No. 6481 of 2025 HC-KAR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused in Crime No.5/2025 registered by Konanakunte Police Station, Bengaluru for the offences punishable under Sections 115(2), 126(2), 351(3), 352, 74, 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.5/2025 was registered by Konanakunte Police Station, Benglauru for the aforesaid offences against the petitioner herein based on the first information dated 05.01.2025 received from the victim lady aged about 35 years. During the course of investigation of the case, petitioner herein was arrested on 06.01.2025 and subsequently remanded to judicial custody. Investigation of the case is now completed and - 3 - NC: 2025:KHC:19208 CRL.P No. 6481 of 2025 HC-KAR chargesheet has been filed against petitioner for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Mis.No.2617/2025 was rejected on 09.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that material on record would go to show that petitioner and the victim lady were in a relationship and she had earlier filed a criminal case against the petitioner in Crime No.71/2024 for the offences punishable under Sections 354, 323, 448, 506 of IPC. Considering the same, the alleged incident that had taken place on the night of 04.01.2025 becomes very doubtful. Investigation of the case is already completed and chargesheet has been filed. The medical records of the victim lady do not support the allegations made against the petitioner in the chargesheet. Accordingly he prays to allow the petition. - 4 - NC: 2025:KHC:19208 CRL.P No. 6481 of 2025 HC-KAR 5. Per contra, learned High Court Government Pleader opposes the petition and submits that the petitioner has committed a heinous offence and therefore prays to dismiss the petition. 6. In the first information which is submitted by the victim lady on 05.01.2025 at about 22.00 hours, it is mentioned that she was acquainted with the petitioner and they were friends. She has stated that petitioner was expecting something more than friendship and he had tried to drug her and rape her. She has also stated that earlier petitioner had threatened to throw acid on her and therefore she had filed a complaint against him in Konanakunte Police Station. Learned counsel for the petitioner has produced the F.I.R. with regard to the said case which is filed against him and perusal of the said document would go to show that F.I.R. in Crime No.71/2024 was registered by Konanakunte Police Station for the offences punishable under Sections 354, 323, 448 and 506 of IPC. Allegation is made in the first information - 5 - NC: 2025:KHC:19208 CRL.P No. 6481 of 2025 HC-KAR of the said case that on 17.02.2024 petitioner had trespassed into the house of the victim lady and after assaulting her, had threatened to throw acid on her and thereafter left her house. With regard to another allegation made in the present first information that the petitioner had tried to drug the victim and rape her, undisputedly no criminal case has been registered against him. 7. So far as the allegations found in the present first information are concerned, it is alleged that on the night of 04.01.2025 which was the birthday of the first informant, petitioner came to her house and joined her in the celebrations of her birthday and they together went out for party and came back home at around 2.00 a.m. on the intervening night of 04.01.2025 and 05.01.2025. She has alleged that the petitioner thereafter intoxicated her and forced her for sexual intercourse and on the next day morning after she woke up he abused her using filthy language. In respect of the alleged incident that had taken place on the intervening night of 04.01.2025 and - 6 - NC: 2025:KHC:19208 CRL.P No. 6481 of 2025 HC-KAR 05.01.2025 belatedly the victim lady has approached the police at about 22.00 hours on 05.01.2025. 8. Considering the fact that she had filed a criminal case against the petitioner earlier before Konanakunte Police Station in Crime No.71/2024 where allegations are made against him for assaulting her and also threatening to throw acid on her, a doubt arises with regard to the allegations now found in the first information which has resulted in registering F.I.R. in the present case against the petitioner. In addition to the aforesaid, material on record would go to show that the petitioner and the victim lady are acquainted to each other and they were going out together. Be that as it may, fact remains that investigation of the case is already completed and chargesheet has been filed in the present case. Learned counsel for the petitioner has submitted that the petitioner and victim lady are divorcees and after their divorce they were living together. Considering the nature of the allegations found in the first information and also the - 7 - NC: 2025:KHC:19208 CRL.P No. 6481 of 2025 HC-KAR relationship between the parties for a considerable period of time, I am of the opinion that without expressing any opinion on merits of the case, prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following:
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.5/2025 registered by Konanakunte Police Station, Bengaluru for offences punishable under Sections 115(2), 126(2), 351(3), 352, 74, 64(2)(m) of Bharatiya Nyaya Sanhita, 2023 subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 8 - NC: 2025:KHC:19208 CRL.P No. 6481 of 2025 HC-KAR c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE PGG List No.: 1 Sl No.: 69