Sharath Kumar N Vs the State of Karnataka

SHARATH KUMAR N S/O NAGARAJA M AGED ABOUT 30 YEARS RA/T NO.154, 3RD CROSS NEAR JNANAJYOTHI NAGAR MALAT HAHALLI MAIN ROAD MALLATHAHALLI BANGALORE - 560 056.

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…PETITIONER

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(BY SRI MANJUNATH M.R, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY JNANSBHARATHI P.S BENGALURU, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001.

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(BY SRI K. NAGESHWARAPPA, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE HIM ON AN ANTICIPATORY BAIL IN CR.NO.8/2025 OF JNANABHARATHI P.S. BENGALURU AND TO DIRECT RESPONDENT POLICE TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST REGISTERED FOR AN OFFENCE P/U/S 69,140(3),89,115(2),352,351(2),127(2) BNS ACT 2023 PENDING ON THE FILE OF HONBLE 6TH A.C.M.M BENGALURU.

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

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NC: 2025:KHC:9806 CRL.P No. 2116 of 2025

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Crime No.8/2025 registered by

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Jnanabharathi Police Station, Bengaluru City for the offences punishable under Sections 69, 140(3), 89, 115(2), 352, 351(2), 127(2) of BNS, 2023, is before this Court seeking anticipatory bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.8/2025 was registered by

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Jnanabharathi Police Station, Bengaluru City for the aforesaid offences on the basis of first information dated 08.01.2025 received from the victim lady, who is aged about 24 years. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.514/2025 before the jurisdictional Sessions Court, which was rejected on 05.02.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that the victim is a divorcee. The allegation against the petitioner is that with a promise to marry the victim lady

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NC: 2025:KHC:9806 CRL.P No. 2116 of 2025

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he had sexual intercourse with her and thereafter refused to marry her. He submits that relationship between the parties was consensual and only after the same had failed, the victim lady had approached the police. Accordingly, he prays to allow the petition.

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Per contra , learned HCGP for the respondent has opposed the petition.

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Perusal of the FIR would go to show that the victim lady is a divorcee and she has a 5 year old son from her earlier marriage. In the first information it is alleged that, she got acquainted with the petitioner in the year 2023 and thereafter they started loving each other. She has stated that she had accompanied the petitioner to various places and stayed overnight there and they had sexual intercourse. She has now alleged that the petitioner had sexual intercourse with her with a promise to marry her. It is also alleged that as a result of the relationship with the petitioner she has become pregnant and the petitioner had made her to consume certain tablets for

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4 - NC: 2025:KHC:9806 CRL.P No. 2116 of 2025

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terminating the pregnancy. Considering the averments made in the first information it appears that the victim and petitioner were in relationship for last two years and their relationship appears to be consensual. The petitioner is a person having no other criminal antecedents and he has undertaken to cooperate with the police for the purpose of investigation. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively.

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Accordingly, the following:

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ORDER

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The Criminal Petition is allowed.

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The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.8/2025 registered by Jnanabharathi Police Station, Bengaluru City for the offences punishable under Sections 69, 140(3), 89, 115(2), 352, 351(2), 127(2) of BNS, 2023, subject to the following conditions:

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NC: 2025:KHC:9806 CRL.P No. 2116 of 2025

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The petitioner shall appear before

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the Investigating Officer in the present case on

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17.03.2025 between 10.00 a.m, and 11.00 a.m and if necessary, Investigating Officer shall take the petitioner to custody for the purpose of interrogation on the said date but it is made clear that the Investigating Officer shall release the petitioner on the very same date on or before 6.00 p.m,

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The petitioner shall execute a personal bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer.

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