Sunil H B Vs the State of Karnataka

ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.No.597/2025 REGISTERED BY THE PEENYA POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 351(2),69,75(2),75(1) OF BNS 2023.

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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 accused No.1 under

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Section 482 of BNSS praying to grant anticipatory bail in Crime No.597/2025 of Peenya Police Station registered for

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offences punishable under Sections 351(2), 69, 75(2), 75(1) of BNS.

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Heard learned counsel for petitioner and the learned HCGP for respondent/State.

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Learned counsel for petitioner would contend that

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the victim is aged about 36 years and she is unmarried. As

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per averments of the complaint, there are two incidents, one on 11.12.2024 and second one during February 2025. But the FIR came to be filed on 24.10.2025 and there is a delay of 10 months in filing the complaint. The delay is not

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HC-KAR

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explained in the averments of the complaint. The victim was knowing that the petitioner is married and therefore, there is no question of making any false promise of marriage. The averments of the complaint regarding the sexual intercourse and promise to marry are inserted subsequently. The victim went to media and to restrain the media and the victim, petitioner has filed a suit wherein he has been granted ex-parte temporary injunction restraining the victim and others from making any publication. The victim earlier had filed a complaint against Subramanya of borrowing Rs.10,00,000/- in which, his statement has been recorded wherein he has stated that he had a relationship with the victim. The petitioner is a diabetic patient. Now he has been kept under suspension and therefore, there is no question of him hampering the investigation and tampering the prosecution witnesses. He places reliance on the decision of the Hon'ble Apex Court in the case of Biswajyoti

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Chatterjee vs. State of West Bengal and another

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HC-KAR

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(2025 INSC 458) on the point that consensual sex under the promise of marriage does not amount to rape. On

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these grounds, he prayed to allow the petition.

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Per contra , learned HCGP would contend that the

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averments of the complaint indicate that the victim has been used by the petitioner by calling her to his house. There are phone conversations and exchange of messages and they have been collected by the IO. The petitioner is now kept under suspension. The petitioner has approached this Court seeking quashing of the proceedings wherein further investigation has been stayed till next date and therefore, there is no threat of immediate arrest of the petitioner. The offence alleged against the petitioner is punishable with imprisonment which may extend to 10 years. The petitioner has threatened the victim and therefore, now she has filed complaint against the petitioner. On these grounds, he prayed to reject the petition.

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HC-KAR

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Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record.

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On the complaint of the victim, a case came to be registered against the petitioner and another in Crime No.597/2025 of Peenya Police Station for offences under Sections 351(2), 69, 75(2), 75(1) of BNS. The averments of the complaint indicate that the victim is aged 36 years and she came in contact with the petitioner and both continued the contact and had a physical relationship. There is no any force alleged against the petitioner of having sexual intercourse with the victim. The averments of the complaint indicate that the victim was knowing that the petitioner is married and he is having a wife. Learned counsel for petitioner contend that the petitioner is a Hindu and when he is having wife living, there is no question of he marrying the victim lady. The allegation in the averments of the complaint is that the petitioner failed to keep up his promise to marry the victim, get her a flat

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HC-KAR

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and a parlor. Considering the averments of the complaint indicate that the relationship between the petitioner and the victim is consensual. Whether the act of the petitioner attracts Section 69 of BNS is a matter of investigation and trial.

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The statement of one Subramani recorded pertaining to NCR 49/2022 indicate that the victim had a relationship with the said Subramanya when she was residing in his building as a tenant. The said statement has

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been given by him when victim has made complaint against him of lending Rs.10,00,000/- to him.

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As further investigation of the case has been stayed in the petition filed by the petitioner under Section 528 of BNSS till next date, there is an apprehension of the petitioner of his arrest if it is not continued or vacated. The offences alleged against the petitioner are not punishable either with death or imprisonment. The petitioner is now kept under suspension and therefore, there is no question of him hampering the investigation and tampering the

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HC-KAR

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prosecution witnesses. Considering the above aspect, the petitioner has made out case for grant of anticipatory bail with conditions. In the result, the following:

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ORDER

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The petition is allowed. The petitioner is ordered to

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be released on bail, in the event of his arrest, in Cr.No.597/2025 of Peenya Police Station, subject to following conditions:

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(i) The petitioner shall voluntarily appear before the IO within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the IO

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(ii) The petitioner shall co-operate with the IO in investigation.

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(iii) The petitioner shall appear before the IO whenever called for.

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(iv) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts

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