KARNATAKA v. (BY SMT. WAHEEDA M.M, HCGP)

(BY SRI. G. RAKESH RAJ, ADVOCATE) AND: STATE OF KARNATAKA BY MARATHAHALLI POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA …PETITIONERS - 2 - NC: 2026:KHC:5814 CRL.P No. 15646 of 2025 HC-KAR KARNATAKA HIGH COURT COMPLEX BENGALURU-560 001 (BY SMT. WAHEEDA M.M, HCGP) …RESPONDENT THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN S.C.NO.1338/2025 OF CRIME NO.416/2025 REGISTERED PUNISHABLE UNDER SECTIONS 351,64 R/W SEC.3(5) OF BNS ACT, PENDING BEFORE THE COURT OF LIII ADDL CITY CIVIL AND SESSIONS SPECIAL JUDGE BENGALURU CITY (CCH-54). THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.1 and 2 under Section 483 of BNSS praying to grant bail S.C.No.1338/2015 (Crime No.416/2025 of Marathahalli Police Station) pending on the file LIII Additional City Civil Sessions Special Judge, Bengaluru City, (CCH-54) registered for the offences under Section 351, 64 read with 3(5) of BNS.

2. Heard the learned counsel for petitioners and the learned HCGP for the respondent/State. - 3 - NC: 2026:KHC:5814 CRL.P No. 15646 of 2025 HC-KAR

3. Learned counsel for the petitioners would contend that the alleged incident has taken place on 10.12.2024 and the complaint has been filed on 05.07.2025 and there is a delay of 6 months in filing the complaint. The Doctor who examined the victim has found that victim is having fever and swelling near anus since 10 days. The victim girl is a friend of one Monica, who was in relationship with petitioner No.1. There was breakup of the said relationship between petitioner No.1 and the said Monica and subsequently, petitioner No.1 has married some other lady. Therefore, Monica through these petitioners has filed false complaint against the petitioners. Petitioner No.2 is a friend of petitioner No.1. Petitioner No.1 is a resident of Chikamagaluru and the victim girl was residing at Bengaluru as on the date of alleged offence. No CDR has been produced along with the charge sheet to show that petitioner Nos.1 and 2 have contacted the victim girl and sent messages to her. The investigation is over and since the charge sheet has been filed, the petitioners are not - 4 - NC: 2026:KHC:5814 CRL.P No. 15646 of 2025 HC-KAR required for further custodial interrogation. With this he prayed to allow the petition.

4. Per contra, learned HCGP would contend that there is serious allegation against the petitioners. The victim girl is a student studied in the College of petitioner No.1 earlier. The statement of the victim girl has been recorded under Section 183 of BNSS, wherein she has specifically stated the acts of petitioners, committing forcible sexual intercourse on her. The mobiles of the petitioners, victim and other accused have been sent to FSL for examination. The charge sheet material shows prima-facie case against the petitioners for offences alleged against them. With this, he prayed to reject the petition.

5. Having heard the learned counsels the Court has perused the charge sheet and other materials placed on record. - 5 - NC: 2026:KHC:5814 CRL.P No. 15646 of 2025 HC-KAR

6. The victim girl is aged 19 years. The victim girl is a friend of one Monica and they were classmates in Moodbidri's Alvas College. Petitioner No.1 was working as a Lecturer in the said Alvas College and he had relationship with the said Monica. The said relationship came to be broken and petitioner No.1 has married some other lady. Thereafter it is alleged that petitioner No.1 had contact with the victim girl through phone and he had sent messages. Even though the incident alleged against petitioner Nos. 1 and 2 is during the year 2024, the victim has not filed any complaint against them. The victim girl in her statement and the Monica in her statement have stated regarding the relationship of Monica with petitioner No.1 and breakup of the said relationship and petitioner No.1 marrying some other lady. The statement of the victim has already been recorded under Section 183 of BNSS. The charge sheet material does not contain any call detail records regarding calls and exchange of messages between petitioner Nos.1 and 2 with victim girl. Even - 6 - NC: 2026:KHC:5814 CRL.P No. 15646 of 2025 HC-KAR though the incident against these petitioners has taken place in the year 2024, the victim has not chosen to file complaint against them immediately. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners are not having any criminal antecedents. As the charge sheet is filed, the petitioners are not required for custodial interrogation.

7. Considering the above aspects, the petitioners have made out case for grant of bail with conditions. In the result, the following: ORDER Petition is allowed. The petitioners are granted bail in S.C.No.1338/2015 (Crime No.416/2025 of Marathahalli Police Station) pending on the file LIII Additional City Civil Sessions Special Judge, Bengaluru City, (CCH-54) subject to following conditions: - 7 - NC: 2026:KHC:5814 CRL.P No. 15646 of 2025 HC-KAR (i) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each, with one surety for the like sum to the satisfaction of the jurisdictional Court. (ii) The petitioners shall not tamper prosecution witnesses either directly indirectly. (iii) Petitioners shall attend the trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 4