Mukesh Kumar Vs State by

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1 - NC: 2025:KHC:48095 CRL.P No. 13354 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13354 OF 2025 [(439(Cr.PC) / 483(BNSS)]

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BETWEEN:

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MUKESH KUMAR S/O BINDU SAHNI, AGED ABOUT 28 YEARS, PRESENT ADDRESS: NEAR DEEPA MARBLES, SHAMPUR RAILWAY GATE, ARABIC COLLEGE POST, BANGALORE - 560 045. PERMANENT RESIDENT OF: BARHETA VILLORE SAMASTIPUR DIST. KALYANPUR, TEHSIL, BIHAR - 848 302

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…PETITIONER

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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(BY SRI. FAZIL AHMED, ADVOCATE FOR SRI. SYED NAUSHIRVAN.,ADVOCATE)

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AND:

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STATE BY GOVINDAPURA POLICE STATION, BENGALURU. REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BENGALURU - 560 001. (BY SMT. PUSHPALATHA B., ADDITIONAL SPP)

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…RESPONDENT

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2 - NC: 2025:KHC:48095 CRL.P No. 13354 of 2025

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.231/2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 74 AND 75(1)(i) OF BNS, 2023 OF GOVINDAPURA POLICE STATION, FILE PENDING BEFORE THE XI ACJM COURT AT MAYO HALL, BENGALURU.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by sole accused under Section 483 of

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Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.231/2025 of Govindapura Police Station registered for the offences punishable under Sections 74 and 75(i) of Bharatiya Nyaya Sanhita, 2023.

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Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent - State.

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The learned counsel for the petitioner would contend that, the first informant was not aware of the name of this petitioner and his name came to be stated in the complaint based on the name disclosed by a passerby. The name of passerby is also not stated in the first information. The

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3 - NC: 2025:KHC:48095 CRL.P No. 13354 of 2025

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HC-KAR

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victim/first informant had borrowed money from this petitioner, and with that financial transaction, there were disputes among them, and therefore, a false complaint has been filed. The petitioner is in judicial custody since 26.07.2025, and as the offence alleged is punishable for imprisonment for three years the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition.

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Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that, the petitioner has molested the first informant. The offence alleged against the petitioner is punishable with imprisonment upto two to three years. If the petitioner is granted bail, there are chances of tampering the prosecution witnesses and flee from justice. With this, she prayed for rejection of the petition.

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Having heard the learned counsel, the Court has

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perused the FIR, complaint and other materials placed on record.

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On perusal of the first information, the allegation against the petitioner is that, when the first informant was

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4 - NC: 2025:KHC:48095 CRL.P No. 13354 of 2025

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HC-KAR

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going on the road, he came from her backside and touched her back and chest, outraged her modesty. She enquired with a passerby, who disclosed the name of the said person, and the name of passerby is also not stated in the complaint. The petitioner came to be arrested on 26.07.2025, and he is in judicial custody. It appears that the major portion of the investigation is over, and therefore, the petitioner is not required for further custodial interrogation. The offence alleged against the petitioner is not punishable with death or imprisonment for life. There are no criminal antecedents of the petitioner.

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Considering the above aspects, the petitioner has made out a case for grant of bail with conditions.

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In the result, the following:

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ORDER

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i) The petition is allowed. ii) The petitioner is granted bail in Crime No.231/2025

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of Govindapura Police Station registered for the offences punishable under Sections 74 and 75(i) of Bharatiya Nyaya Sanhita, 2023 subject to following conditions:

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NC: 2025:KHC:48095 CRL.P No. 13354 of 2025

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