Criminal Petition No. 8685 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:26244 CRL.P No. 8685 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8685 OF 2025 BETWEEN: MR. SHIVAJI ROY AGED 32 YEARS, S/O SRI. BHASWAR ROY R/AT FLAT NO.1172, OKAK 1, SOBHA FOREST VIEW APARTMENT, BANASHANKARI 6TH STAGE, KANAKAPURA MAIN ROAD, NEAR TURAHALLI, VAJARAHALLI, BENGALURU-560062 (BY SRI. P.P.HEGDE, SR. COUNSEL FOR SRI. GANAPATHI BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE POLICE INSPECTOR, THALAGHATTAPURA POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA …PETITIONER 2. xxx …RESPONDENTS
Legal Reasoning
(BY SMT. ASMA KAUSER, ADDL. SPP FOR R1; SMT. DEEPA J., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN CONNECTION WITH FIR DATED - 2 - NC: 2025:KHC:26244 CRL.P No. 8685 of 2025 HC-KAR 31.05.2025 IN CR.NO.216/2025 OF THALAGHATTAPURA P.S. FOR THE ALLEGED OFFENCE P/U/S 318(2), 69 R/W 3(5) OF BNS NOW PENDING ON THE FILE OF II A.C.J.M BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.216/2025 registered by Thalaghattapura Police Station, Benglauru, for the offences punishable under Sections 318(2), 69 read with Section 3(5) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.216/2025 was registered by Thalaghattapura Police Station, Benglauru, against the petitioner, his parents and his sister for the aforesaid offences based on the first information dated 31.05.2025 received from respondent No.2 victim lady aged about 32 years. During the course of investigation of the case, petitioner herein was arrested on 01.06.2025 and subsequently, remanded to judicial - 3 - NC: 2025:KHC:26244 CRL.P No. 8685 of 2025 HC-KAR custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1056/2025 was rejected on 19.06.2025. Therefore, he is before this Court. 4. Learned Senior counsel for the petitioner submits that considering the nature of allegations found in the first information, a serious doubt arises whether the alleged offences gets attracted against the petitioner. Petitioner who has no other criminal antecedents and who is working in a reputed multi national company is in custody from 01.06.2025 onwards. Major portion of the investigation in the case is already completed. He has cooperated with the police for the purpose of investigation and his detention in custody is no more required. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP for respondent No.1 and learned counsel for respondent No.2 have seriously opposed the petition. They submit that the parties got introduced to each other in a matrimonial website known as 'Shaadi.com' and therefore, it is apparent that parties were in search of spouse. The petitioner, who induced the victim girl to accompany him to various places on the pretext of marrying her has sexually - 4 - NC: 2025:KHC:26244 CRL.P No. 8685 of 2025 HC-KAR exploited her and subsequently, made demand for money. They submit that allegation found in the first information clearly attract the alleged offences. Petitioner never had an intention of marrying the victim lady and accordingly, pray to dismiss the petition. 6. A reading of the first information would go to show that petitioner and victim lady got acquainted to each other in the month of July, 2024 in a matrimonial website known as 'Shaadi.com' and thereafter, they were talking to each other over phone. From the over all reading of the averments found in the first information, it is very clear that petitioner who got acquainted to the victim lady in the month of July, 2024 had subsequently gone to Pune where she is staying and had stayed in her house and in the month of December, 2024, when the victim came to meet her sister in Bengaluru, petitioner had met her in her sister's house and they had spoken about their marriage. Subsequently in the month of January, 2025, they had together traveled to Dubai for the purpose of attending a music programme and after returning to Bengaluru, petitioner and the victim lady allegedly stayed in - 5 - NC: 2025:KHC:26244 CRL.P No. 8685 of 2025 HC-KAR petitioner's apartment at Kanakapura and according to the victim lady, petitioner had sexual intercourse with her in the said apartment with a promise to marry her. It is also alleged that when she had gone with him to Dubai and stayed with him, he had sexual intercourse with her. 7. Material on record would go to show that petitioner had introduced the alleged victim to his parents at Bengaluru and they had all spoken about marriage and the arrangements that were required to be made for the purpose of marriage and also had decided to share the marriage expenses equally. 8. Subsequently, it appears that for certain reason, relationship between the parties had failed and thereafter victim girl along with her sister and brother-in-law had gone to the house of the petitioner and met his parents and sister, who are now arraigned as accused Nos.2 to 4 in the FIR and had spoken about the marriage between petitioner and victim lady. For certain reasons, talks had failed and the petitioner had refused to marry the victim lady. Victim lady has alleged that petitioner has threatened of circulating her private photos and videos in social media etc. However, the fact remains that after - 6 - NC: 2025:KHC:26244 CRL.P No. 8685 of 2025 HC-KAR the petitioner and the victim lady got acquainted, petitioner had visited her house and met her elder sister and brother in law and he also had introduced his parents and elder sister to the victim girl. Therefore, it cannot be said that petitioner had no intention from the inception to marry the victim lady. Merely for the reason that relationship between the parties and the proposed marriage has failed, it cannot be said that a prima facie case is made out against accused No.1 for the alleged offences. Undisputedly, petitioner has no other criminal antecedents and he is in custody from 01.06.2025. The material on record would go to show that he is well educated and is working in a multi national company. Major portion of the investigation in the case is already completed. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 9. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.216/2025 registered by Thalaghattapura Police Station, Benglauru, for the offences - 7 - NC: 2025:KHC:26244 CRL.P No. 8685 of 2025 HC-KAR punishable under Sections 318(2), 69 read with Section 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a 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; 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
Decision
disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN