K Adith Narayanan Vs the State of Karnataka

THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL AND DIRECT RESPONDENT POLICE i.e., THILAK NAGAR P.S., TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS

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NC: 2025:KHC:2390 CRL.P No. 14316 of 2024

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ARREST IN CONNECTION WITH THE CASE IN CR.NO.275/2024, FOR THE OFFENCES P/U/S 376 OF IPC, PENDING ON THE FILE OF CJM COURT, NRUPATUNGA ROAD, BENGALURU CITY.

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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 MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State and perused the material on record.

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Crime No.275/2024 of Tilaknagar Police Station, Bangalore City is registered against the petitioner for an offence punishable under Section 376 of Indian Penal Code, on a complaint lodged by the victim.

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Petition seeking anticipatory bail has been

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dismissed by the learned Sessions Judge. Hence, petitioner is before this Court in this petition preferred under Section 482 of BNSS 2023, seeking to enlarge him on anticipatory bail.

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NC: 2025:KHC:2390 CRL.P No. 14316 of 2024

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Complaint dated 27.11.2024 lodged by the victim would reveal that she is aged about 21 years and

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the petitioner was her classmate in bachelor of Arts degree course at Jain University, Bangalore, in 2021-24 Batch. It is averred that she was in a relationship with the petitioner from September - 2022 till October - 2023 and after that they were just friends, but occasionally intimate. The allegations are that on 25.02.2024, she and one Sheshadri Varun was in the house of petitioner and in the night, petitioner was smoking marijuana and she got passive effect. While she was asleep, in the early morning, Sheshandri Varun left the house and it is alleged that petitioner without her consent and against her will committed rape on her.

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Learned HCGP has contended that in view of

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the specific averments in the complaint, there is a primafacie case against petitioner. Investigation is under progress. Petitioner hails from the State of Tamilnadu and

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therefore, if the relief sought is granted, he may abscond and will not cooperate with investigation.

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Even as per complaint averments, complainant and the accused were in a relationship from September'2022 till October '2023. It is stated that thereafter they were just friends, but occasionally intimate. It is alleged that on 25.02.2024, complainant stayed in the house of the accused overnight and in the early morning of 26.02.2024, she was raped by the accused.

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Complaint is lodged on 27.11.2024, after nine

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months. Explaining the delay, the complainant has stated that on 30.11.2024, when she confronted the petitioner about the incident, he confessed to have committed forcible sexual intercourse with her.

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The complainant herself has stated that she was in relationship with the accused between

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September'2022 till October '2023. In the complaint itself she has stated that she stayed overnight in his house on 25.02.2024.

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Explanation given for lodging the complaint belatedly is not convincing, at this stage. Admittedly, the complainant is a major aged about 21 years. Allegation that the accused has committed forcible sexual intercourse against her will and without her consent is a matter which has to be decided at the trial. The ingredients of the offence alleged have to be established in a full-fledged trial.

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Considering the entire facts and circumstances,

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the relief sought for by the accused/petitioner can be granted by imposing stringent conditions. Hence, the following:

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ORDER

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Petition is allowed .

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NC: 2025:KHC:2390 CRL.P No. 14316 of 2024

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Petitioner/accused in Crime No.275/2024 of

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Tilaknagar Police Station, Bangalore City, shall be released in the event of his arrest, subject to following conditions:

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a) He shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum.

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b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address.

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c) He shall be available for the purpose of investigation as and when required and shall co-operate with the investigation.

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d) He shall not leave the jurisdiction of the trial Court without prior permission till completion of the investigation of the case.

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e) He shall not tamper with the prosecution witnesses either directly or indirectly.

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