Sri Adarsha H S Vs State of Karnataka

¶1

NC: 2025:KHC:51676 CRL.P No. 14432 of 2025

¶2

1 -

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF DECEMBER, 2025

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14432 OF 2025 [(438(Cr.PC) / 482(BNSS)]

¶7

BETWEEN:

¶8

SRI ADARSHA H.S. S/O SURESHA, AGED ABOUT 28 YEARS, R/AT: NO.39, CHIKKABHERYA VILLAGE, MIRLE HOBLI, MANJUNAHALLI, SALIGRAMA TALUK, MYSURU DISTRICT - 571 601.

¶9

…PETITIONER

¶10

(BY SRI. ADINARAYANAPPA, ADVOCATE)

¶11

AND:

¶12

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

¶13

STATE OF KARNATAKA BY SALIGRAMA POLICE STATION, SALIGRAMA TALUK, MYSURU DISTRICT, REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

¶14

…RESPONDENT

¶15

(BY SMT. PUSHPALATHA B., ADDITIONAL SPP)

¶16

THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO GRANT HIM BAIL CONDITIONALLY IN THE EVENT OF HIS ARREST BY THE

¶17

2 - NC: 2025:KHC:51676 CRL.P No. 14432 of 2025

¶18

HC-KAR

¶19

RESPONDENT POLICE (SALIGRAMA POLICE) IN CRIME NO.244/2025 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 318(2), 318(4) AND 351(2) OF THE BNS, 2023 WHICH IS PENDING ON THE FILE OF VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU (SITTING AT HUNASURU).

¶20

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

¶21

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶22

ORAL ORDER

¶23

This petition is filed by sole accused under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.244/2025 of Saligrama Police Station, registered for offence punishable under Sections 318(2), 318(4) and 351(2) of Bharatiya Nyaya Sanhita, 2023.

¶24

3 - NC: 2025:KHC:51676 CRL.P No. 14432 of 2025

¶25

HC-KAR

¶26

Heard learned counsel for petitioner and

¶27

learned Additional State Public Prosecutor for respondent - State.

¶28

Learned counsel for petitioner would contend that, there was a consensual sex between the petitioner and the victim lady and they were having love affair. The allegations made in the complaint does not attract the offences alleged against the petitioner. The petitioner is ready to co-operate with the Police in the investigation and abide by any conditions to be imposed by this Court. With these, he prayed to allow the petition.

¶29

4. learned Additional State Public Prosecutor for

¶30

respondent would contend that, under a promise of marriage, the petitioner had sexual intercourse with the victim lady. The petitioner is required for custodial interrogation. The statement of the victim lady has been recorded by the Police and also under Section 183 of BNSS. With these, she prayed for dismissal of the petition.

¶31

4 -

¶32

NC: 2025:KHC:51676 CRL.P No. 14432 of 2025

¶33

HC-KAR

¶34

Having heard the learned counsels appearing

¶35

for the parties, the Court has perused the FIR, complaint and other materials placed on record.

¶36

On perusal of the averments in the complaint,

¶37

the victim lady is aged eighteen (18) years three (3) months and she is having love affair with the petitioner. It is alleged that, the petitioner has promised her to marry her and had sexual intercourse and thereafter, refused to marry her and threatened to post her photos in social media. Whether the petitioner has committed the alleged offences is a matter of investigation and trial. The petitioner has undertaken to co-operate with the Police in the investigation and abide by any conditions to be imposed by this Court. The petitioner is not having any criminal antecedents.

¶38

Considering all the above aspects, the petitioner

¶39

has made out a case for grant of anticipatory bail with conditions. In the result, the following;

¶40

5 - NC: 2025:KHC:51676 CRL.P No. 14432 of 2025

¶41

HC-KAR

¶42

ORDER

¶43

The Criminal Petition is allowed . The petitioner is granted anticipatory bail in Crime No.244/2025 of

¶44

Saligrama Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions:

¶45

i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer.

¶46