Rehan Khan Vs State of Karnataka by

REHAN KHAN S/O TAMANNAH KHAN AGED ABOUT 29 YEARS R/AT No.51, 4^TH FLOOR P R EXOTICA APARTMENT 10^TH MAIN ROAD, KEB COLONY BTM LAYOUT 1^ST STAGE BENGALURU - 560 029.

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…PETITIONER

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(BY SRI MAHESH B J, ADVOCATE)

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AND:

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

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STATE OF KARNATAKA BY BY SHO, ADUGODI PS, BENGALURU CITY, REPTD. BY S.P.P HIGH COURT BUILDING BENGALURU -560 001.

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…RESPONDENT

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(BY SRI CHANNAPPA ERAPPA, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL IN SC No.1139/2025 FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 351(2), 351(3), 64 AND 69 OF BNS 2023 AND U/S 66(E) OF THE IT ACT 2008, REGISTERED BY THE AUDUGODI POLICE,

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NC: 2025:KHC:52268 CRL.P No. 15058 of 2025

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HC-KAR

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BENGALURU NOW PENDING ON THE FILE OF THE LIII ADDL.CITY CIVIL AND SESSIONS SPECIAL JUDGE (CCH-54), 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 the sole accused under Section 483 of BNSS praying to grant bail in S.C.No.1139/2025 pending on the file of the LIII Additional City Civil and Sessions Special Judge, Bengaluru (CCH-54) arising out of Crime No.144/2025 of Adugodi Police Station registered for offences punishable under Sections 351(2), 351(3), 64 and 69 of BNS, 2023 and Section 66(E) of the Information Technology Act, 2008.

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Heard learned counsel for the petitioner and

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learned High Court Government Pleader for the respondent

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–State.

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Learned counsel for the petitioner would

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contend that the victim girl is aged 23 years and she is educated lady. The petitioner and the victim are both

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3 - NC: 2025:KHC:52268 CRL.P No. 15058 of 2025

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HC-KAR

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major and both had intimacy with each other. The alleged sexual intercourse between petitioner and the victim is consensual. The petitioner has not uploaded any obscene photos in his Instagram account. The victim said that she cannot marry the petitioner. The charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prays to allow the petition.

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Per contra , learned High Court Government Pleader for the respondent –State would contend that the victim girl in her statement recorded under Section 183 of BNSS has stated specifically the acts of this petitioner having sexual intercourse with her two times in different hotels. Statements of staff of those hotels have been recorded. The offence alleged against the petitioner is punishable with imprisonment which may extend upto 10 years. The charge sheet materials show prima facie case against the petitioner for offence alleged against him. With this, he prayed to reject the petition.

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NC: 2025:KHC:52268 CRL.P No. 15058 of 2025

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HC-KAR

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Having heard learned counsels, the Court has

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perused the charge sheet and other materials placed on record.

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As per charge sheet, the case of the

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prosecution is that the petitioner and victim lady are friends and they went to three different hotels and had sexual intercourse. The petitioner has recorded intimacy movements at that time in his mobile and has also taken photographs. When the victim girl avoided the petitioner, he uploaded photos in his Instragram and inspite of her request he did not deleted them. It is alleged that the petitioner has cheated the victim girl.

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The victim girl is aged 23 years and she is M.Sc graduate. The statement of the victim girl has been recorded under Section 183 of BNSS. In the said statement she has stated she has not any affair with the petitioner. In the said statement, the victim has not stated that petitioner has refused to marry her. Considering the age and statement of victim, the alleged

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HC-KAR

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sexual intercourse between the petitioner and victim appears to be consensual. The petitioner is in judicial custody since 11.06.2025 and as the charge sheet is filed, the petitioner is not required for custodial interrogation. Considering the above aspects, the petitioner has made out grounds 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.

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ii) The petitioner is granted bail in S.C.No.1139/2025 pending on the file of the LIII Additional City Civil and Sessions Special Judge, Bengaluru (CCH-54) arising out of Crime No.144/2025 of Adugodi Police Station registered for offences punishable under Sections 351(2), 351(3), 64 and 69 of BNS, 2023 and Section 66(E) of the Information Technology Act, 2008 subject to following conditions:

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