Sri Pratik Vs State of Karnataka

THIS CRIMINAL PETITION IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.50/2025 DATED 20.07.2025 AND SUCH OTHER CONSEQUENT PROCEEDINGS REGISTERED BY THE RESPONDENT NO.2 POLICE AND NOW TRANSFERRED TO THE RESPONDENT NO.1 POLICE IN 5^th ACJM COURT, BANGALORE, FOR THE OFFENCES P/U/S 376(2)(n), 506, 366, 324 OF IPC, 1860.

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THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 23.09.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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CAV ORDER

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This petition is preferred under Section 482 of BNSS,

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2023, by the petitioner, seeking anticipatory bail in Cr.No.50/2025 of Bidar Women Police Station, Bidar, registered for the offence punishable under Section 376(2)(n), 506, 366 and 324 of IPC.

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HC-KAR

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Heard the arguments and perused the material

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on record.

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The complaint is lodged on 20.7.2025, by the victim. It is averred in the complaint that about 2 years prior, the complainant and the petitioner got acquainted with each other, through Instagram and their acquaintance subsequently developed into a relationship. It is alleged, on the assurance of marriage, petitioner called the complainant to Bengaluru on 6.9.2023, took her to Hotel Holiday Inn and subjected her to forcible sexual intercourse despite her resistance. An engagement ceremony was held on 25.12.2023 at petitioner’s residence, and the marriage was proposed to be performed. Thereafter, on several occasions he took the complainant to Latur and stayed with her in the Grand Sarovar Hotel where he subjected her to sexual assault under the pretext of marriage, which was later refused. It is further alleged the petitioner compelled the complainant to injure herself with a blade to prove her

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4 -

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HC-KAR

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love and when she hesitated, inflicted a cut injury on her left forearm, causing bleeding, after which she was treated in the hospital. Further, on 5.7.2025, the complainant’s mother and brother visited the accused’s house to fix the marriage date, but the accused refused the proposal etc.

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The learned Senior counsel for the petitioner contended that the allegations in the complaint are false, frivolous and motivated. The complainant and the petitioner were in a long standing consensual relationship, which culminated in an engagement ceremony held with the knowledge and participation of both the families. Due to unforeseen incidents the marriage did not take place. He contended that the complaint itself discloses the complainant has voluntarily travelled and stayed with the petitioner on several occasions, thereby negating any element of coercion, deceit or inducement. The allegations of sexual assault are untenable, as the essential ingredients of the offences alleged are not made out. He contended that the complaint is politically

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HC-KAR

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motivated to malign the reputation of the petitioner’s family.

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The learned Senior counsel has further

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submitted that the petitioner has no criminal antecedents and he has deep roots in the society. This Court has granted interim anticipatory bail to the petitioner imposing conditions and he is ready to abide by any further conditions which may be imposed by the Court.

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Learned High Court Government Pleader

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appearing for the State has vehemently opposed the petition contending that the allegations made in the complaint are grave and serious in nature. The investigation is in progress and the chargesheet is not yet filed. The petitioner’s custody is necessary for collection of evidence. Therefore, grant of anticipatory bail would hamper the effective progress of the investigation.

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The learned counsel for defacto complainant/respondent No.3 has filed statement of

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HC-KAR

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objections. He contended that the petitioner has subjected the complainant to sexual exploitation despite her resistance, under the false pretext of marriage. The contents of the FIR and materials produced disclose a prima facie case against the petitioner. The record indicates that petitioner was already engaged and despite that, he deceitfully induced the complainant into a relationship, on the pretext of marriage and continued to exploit her sexually on multiple occasions.

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The learned counsel further contended that the medical records and other materials on record substantiate the complainant’s version, which reveal a pattern of violence and coercion. He contended that petitioner hails from a politically powerful and wealthy family and therefore, there exists imminent threat to the complainant and her family members and other witnesses, if the petitioner is enlarged on anticipatory bail.

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At the outset, it is relevant to mention that this Court vide order dated 18.8.2025, granted interim

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HC-KAR

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anticipatory bail to the petitioner subject to the condition that he shall execute a bond in a sum of Rs.2,00,000/with a surety for the likesum and that he shall not tamper with the prosecution witnesses and shall co-operate with the investigation of the case. It is brought to the notice

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of the Court that the petitioner has filed WP No.24850/2025, seeking quashing of the FIR, wherein further investigation has been stayed and the said order is confirmed by the Hon’ble Supreme Court in SLA (Crl.)No.13313/2025 filed by the defacto

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complainant/respondent No.3.

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The averments in the complaint, prima facie disclose that the petitioner and the complainant met and became acquainted two years prior to lodging the complaint. It is an admitted fact that an engagement ceremony was also held and both the families participated in the said ceremony. Under such circumstances, the allegations that under the false pretext of marriage, petitioner subjected the complainant to sexual intercourse

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HC-KAR

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on multiple occasions is a matter to be established in due

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course.

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I n Deepak Gulati v. State of Haryana

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reported in 2013 (7) SCC 675 , the Hon’ble Supreme Court has observed that there must be material to show that at the initial stage itself, accused had no intention whatsoever, of keeping his promise to marry the victim. The Hon'ble Apex Court has observed in the above decision that there may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused and not solely on account of the misconception created by accused, or where an accused, on account of circumstances which he could not have foreseen or which were beyond his control, was unable to marry her despite having every intention to do so and such cases must be treated differently.

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HC-KAR

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The petitioner has no prior criminal

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antecedents. The apprehension that he may tamper with the evidence and abscond etc., appears to be speculative. Having regard to the facts and circumstances of the case, without expressing any view on the merits, the interim anticipatory bail granted by this Court can be made absolute, imposing further conditions. Hence, the following:

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ORDER

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I. Petition is allowed.

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II. The Order dated 18.8.2025 passed on

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I.A.No.1/2025 is made absolute with further conditions as under:

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a. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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