Mr. Gagan Jayaprakash Vs the Station House Officer

MR. GAGAN JAYAPRAKASH S/O. MR. K. JAYAPRAKASH, AGED ABOUT 32 YEARS, RESIDING AT NO.1/9, 6^TH CROSS, 2^ND MAIN ROAD, DINNUR, R.T. NAGAR, BENGALURU - 560 032.

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…PETITIONER

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(BY SRI. JAI PRAKASH RAO, 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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THE STATION HOUSE OFFICER SANJAYNAGAR POLICE STATION, SANJAYNAGAR MAIN ROAD, CIL LAYOUT 'A' BLOCK, JUDICIAL COLONY, RAJ MAHAL VILAS 2^ND STAGE, SANJAYNAGAR, BENGALURU - 560 094. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, VIDHANA VEEDHI ROAD, BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. B. PUSHPALATHA, ADDL. SPP & SMT. HEMA KARIYAPPA, ADVOCATE FOR COMPLAINANT)

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2 - NC: 2025:KHC:47946 CRL.P No. 15227 of 2025

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 438 OF CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN FIR NO.125/2025 PENDING BEFORE THE VIII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 64, 89, 318(4), 351(2), 351(3), 361(2), 352 AND 190 OF THE BHARATHIYA NYAYA SANHITA, 2023 ON THE BASIS OF THE FALSE COMPLAINT FILED BY THE COMPLAINANT.

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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 accused No.1 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.125/2025 of Sanjay Nagar Police Station, registered for offences punishable under Sections 64, 89, 318(4), 351(2), 351(3), 361(2), 352 and 190 of Bharatiya Nyaya Sanhita, 2023.

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NC: 2025:KHC:47946 CRL.P No. 15227 of 2025

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HC-KAR

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Heard learned counsel for petitioner and

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learned additional State Public Prosecutor for respondent who is assisted by learned counsel for complainant.

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Learned counsel for petitioner would contend that, accused Nos.2 to 6 who are father, mother and relatives of this petitioner have been granted anticipatory bail. The victim has also filed a suit in O.S.No.3987/2025 praying for grant of injunction restraining the marriage of petitioner. There are WhatsApp messages exchanged between the petitioner and the victim, but there is no mention of the alleged incident that occurred on 10.11.2024, in those chats or in any subsequent messages on or after 11.11.2024. The victim has stated to have booked a room at Taj Hotel itself indicates that, the petitioner has not sexually harassed her. The agreement was allegedly entered into between the petitioner and the victim was under force or coercion. Earlier, the petitioner has been granted anticipatory bail even though no FIR has been registered against him. Meanwhile, the victim, who

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NC: 2025:KHC:47946 CRL.P No. 15227 of 2025

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HC-KAR

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was terminated by her employer via email dated 25.08.2025, sent a reply to that email, alleging sexual harassment at her workplace by him. The petitioner is ready to cooperate with the Investigating Officer in investigation and abide by any terms and conditions to be imposed by this Court. The petitioner is not having any criminal antecedents. With these, he prayed to allow the petition.

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Per contra, learned Additional State Public Prosecutor for respondent who is assisted by learned counsel for complaint would submit that, the statement of the victim has been recorded under Section 183 of BNSS wherein, she has stated the alleged acts of the petitioner having sexual harassment and forcible sexual intercourse on 10.11.2024 and subsequent blackmail by showing/using a video. There is an agreement of marriage dated 02.01.2025 between the petitioner and the victim agreeing to marry after eight (8) months. Thereafter, a settlement agreement was made and the engagement was

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NC: 2025:KHC:47946 CRL.P No. 15227 of 2025

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HC-KAR

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to be performed as per that agreement from 02.01.2025. Earlier anticipatory bail which was granted to the petitioner has been cancelled. Due to the act of the petitioner, the victim has attempted suicide by cutting her wrist veins. With these, she prayed for dismissal of the petition.

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Having heard the learned counsels appearing

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

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As per the averments of complaint filed by the victim, the petitioner and the victim are colleagues in a Company and they came in contact with each other. There was a forcible sexual intercourse by the petitioner on the victim under the promise of marriage on 10.11.2024 and subsequently, by showing video recorded by him has committed forcible sexual intercourse on her. The victim become pregnant and he gave pills for abortion. The petitioner has cheated the victim. The victim is aged about

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6 - NC: 2025:KHC:47946 CRL.P No. 15227 of 2025

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HC-KAR

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thirty two (32) years as on the date of filing the complaint and the petitioner is aged thirty two (32) years. The chatting message between the petitioner and the victim during November, 2024 does not indicate any forcible act of this petitioner on the victim girl on 10.11.2024. There was subsequent chatting on 11.11.2024. The chatting message dated 28.11.2024 indicates that, the victim has booked a room at Taj Hotel. Whether the agreements between the petitioner and the victim are out of consent or out of force requires investigation. The victim has filed a suit against the petitioner and others praying for grant of injunction restraining the petitioner from contracting marriage and no interim order has been passed in the said suit. The petitioner is ready to cooperate with the Investigating Officer in investigation and abide by any terms and conditions to be imposed by this Court. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner is not having any criminal antecedents.

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NC: 2025:KHC:47946 CRL.P No. 15227 of 2025

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HC-KAR

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Considering all the above aspects, the petitioner

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

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ORDER

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The Criminal Petition is allowed . The petitioner is granted anticipatory bail in Crime No.125/2025 of Sanjay Nagar Police Station and is ordered to be released on bail

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in the event his arrest, subject to following conditions:

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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.

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ii) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety.

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iii) The petitioner shall cooperate with the Police in investigation and make himself

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8 - NC: 2025:KHC:47946 CRL.P No. 15227 of 2025

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HC-KAR

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available for interrogation whenever required.

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iv) The petitioner shall appear before the Investigating Officer whenever called for.

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v) The petitioner shall not directly or indirectly make any inducement of threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 9

Mr. Gagan Jayaprakash v. the Station House Officer

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Mr. Gagan Jayaprakash v. the Station House Officer

Case brief

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