Mr Zameer Pasha Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SEC.483 OF BNSS IN CR.NO.268/2025 OF BANGARPET P.S. OFFICE UNDER SECTIONS 115(2), 127(4), 69, 318(4) OF BNS PENDING ON THE FILE OF PRINICIPAL CIVIL JUDGE (JR.DN) AND JUDICIAL MAGISTRATE FIRST CLASS COURT BANGARPET KOLAR DIST.K.G.F.

¶23

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

¶24

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶25

ORAL ORDER

¶26

This petition is filed by accused No. 1 under Section

¶27

483 of Bharatiya Nyaya Sanhitha, 2023 praying to grant bail in Crime No.268/2025 of Bangarpet Police Station registered for the offences punishable under Sections 115(2), 127(4), 69, 318(4) of BNS, 2023

¶28

Heard the learned counsel for petitioner and the

¶29

learned Additional State Public Prosecutor for respondent/ State.

¶30

The learned counsel for petitioner would

¶31

contend that, the victim lady is aged 33 years, and she is married having 11 years old daughter. She is a teacher,

¶32

3 - NC: 2025:KHC:53468 CRL.P No. 15070 of 2025

¶33

HC-KAR

¶34

and she is the resident of Assam. The petitioner is aged 29

¶35

years, and he is unmarried, and he is running a mobile shop at Bangarpet. He came in contact with the victim lady through PUBG game, and there was financial transaction between them. The petitioner, who has borrowed money from the victim lady, has returned all the money borrowed and there is no money due. The victim lady earlier misrepresented that, she is unmarried. The petitioner subsequently came to know that, she is married having husband and 11 years old daughter and she has not divorced her husband. The victim lady is aged 33 years, and she is a teacher, and she knows the consequences of her acts. The alleged sexual intercourse is consensual. The ingredients of offence under Section 69 of BNS, 2023 is not attracted. As the charge sheet is filed, he is not required for further custodial interrogation. With this, he prayed to allow the petition.

¶36

Per contra, the learned Additional State Public

¶37

Prosecutor for the respondent/State would contend that,

¶38

4 -

¶39

NC: 2025:KHC:53468 CRL.P No. 15070 of 2025

¶40

HC-KAR

¶41

there was a money transaction between the petitioner and

¶42

the victim lady. The petitioner is due a sum of Rs.9,67,093/to the victim lady. He had sexual intercourse with the victim lady by securing her to his place Bangarpet, and kept her in his house. The charge sheet materials show prima facie case against the petitioner for the offence alleged against him. With this, she prayed to reject the petition.

¶43

Having heard the learned counsel, the Court

¶44

has perused the charge sheet and other materials placed on record.

¶45

As per charge sheet, the victim lady is aged 33 years and the petitioner is aged 29 years. The victim lady is a married woman, and she is having husband and daughter. The victim lady, who is the resident of Assam, came to Bangarpet, and had a physical contact with the petitioner. It is submitted that the said physical contact between petitioner and the victim lady is consensual. It

¶46

5 - NC: 2025:KHC:53468 CRL.P No. 15070 of 2025

¶47

HC-KAR

¶48

does not attract the offences alleged against the petitioner. It is the case of prosecution that, there were money transactions between petitioner and the victim lady, and the petitioner is due a sum of Rs.9,67,093/- to the victim lady. The petitioner is in judicial custody since 11.09.2025 and as charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner.

¶49

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

¶50

In the result, the following:

¶51

ORDER

¶52

i) The petition is allowed.

¶53

ii) The petitioner is granted bail in Crime No.268/2025 of Bangarpet Police Station registered for the offences punishable under Sections 115(2), 127(4), 69, 318(4) of BNS subject to following conditions:

¶54

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety

¶55