Sri Rajesh B N Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2026)

Sri Rajesh B N Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in Crime No.58/2025 on executing a personal bond of Rs.1,00,000/- with one surety for the like sum, subject to conditions: not to threaten or tamper with prosecution witnesses nor hamper court proceedings; to appear before the Trial Court on all hearing dates; and not to indulge in any criminal offence till disposal of the case; liberty reserved to the prosecution to apply for cancellation of bail on violation.

Issue for consideration

Whether the petitioner, arraigned for offences under Sections 64(2)(m), 69, 318(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.58/2025 (S.C. No.5022/2025), should be released on regular bail.

Court's answer

On the record and the averments in the statement recorded before the learned Magistrate, the petitioner had promised to marry the victim; subsequently, with the intervention of the police and elders, he married her at the temple of Rayamma at Yaragunte, and after the marriage they lived together as husband and wife at Manjunath Nagar, Bengaluru.

Ratio / Principle

Considering the said statement and the facts and circumstances of the case, the court held it appropriate to grant the petitioner bail by imposing suitable conditions addressing the prosecution's apprehension.

Detailed headnote1 paragraphs

Bail — Regular bail granted — Offences under Ss.64(2)(m), 69, 318(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 — Allegations of an intimate relationship of about seven years, sexual intercourse, birth of a female child on 19.04.2025 and refusal to marry — Petitioner's bail application earlier rejected by the IV Additional District and Sessions Judge, Tumakuru sitting at Madhugiri on 19.12.2025 in Crl.Misc.No.5348/2025 — Per the statement recorded before the learned Magistrate (S.183 BNS), the petitioner had promised to marry the victim, subsequently married her at the temple of Rayamma at Yaragunte with the intervention of the police and elders, and lived with her as husband and wife at Manjunath Nagar, Bengaluru — Considering that statement and the facts and circumstances, the High Court held it appropriate to grant bail with suitable conditions — Bail ordered on personal bond of Rs.1,00,000/- with one surety for the like sum, with conditions against threatening or tampering with prosecution witnesses, appearance on all hearing dates and abstention from criminal offences; liberty reserved to the prosecution to seek cancellation on breach.

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.2709 OF

2026(439(Cr.PC)/483(BNSS))

BETWEEN:

SRI. RAJESH. B. N., S/O. NAGARAJAPPA, AGED ABOUT 34 YEARS, R/AT. BHEEMANAKUNTE VILLAGE, Y.N. HOSAKOTE HOBLI, PAVAGADA TALUK, TUMKURU (D) - 561202.

…PETITIONER

(BY SRI. VENKATA REDDY C.M., ADVOCATE)

AND:

Digitally signed by PAVITHRA N Location: High Court of Karnataka

THE STATE OF KARNATAKA, REP BY SUB-INSPECTOR OF POLICE, Y.N. HOSAKOTE POLICE STATION, PAVAGADA TALUK, TUMKURU (D).

REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

VICTIM GIRL XXX D/O. LATE CHIKKAHANUMANTHAPPA, AGED ABOUT 34 YEARS, R/A. YARRAPALYA VILLAGE, PAVAGADA TALUK, TUMKURU (D)-561 202.

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…RESPONDENTS

(BY SMT. ANITHA GIRISH. N, HCGP FOR R1)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT AN ORDER OF REGULAR BAIL IN S.C. NO. 5022/2025, (CRIME NO. 58/2025) FOR THE ALLEGED OFFENCE U/S 64 (2)(M), 69, 318(2), 352, 351(2) OF BNS, PENDING ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSION JUDGE AT TUMAKURU, SITTING AT MADDHUGIRI.THE IV ADDITIONAL DISTRICT AND SESSION JUDGE AT TUMAKURU, SITTING AT MADDHUGIRI HAS REJECTED THE BAIL PETITION ON 19.12.2025 IN CRL.MISC.NO.5348/2025.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

The petitioner is before this seeking regular bail in Crime No.58/2025 filed by the respondent/police for the offences punishable under Sections 64(2)(m),69, 318(2), 352, 351(2) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned IV Additional District and Sessions Judge, Tumakuru sitting at Madhugiri.

The case of the prosecution is that on 23.07.2025, the Administrative Officer of Sakhi-I Staff Centre, Department of Women and Child Development,

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Tumakuru, lodged a complaint stating that the victim, Ramanjinamma, appeared before the Pavagada Centre and reported that about seven years earlier, she had met the petitioner Rajesh and they developed intimacy. It is alleged that the petitioner had sexual intercourse with the victim. As a result of the said relationship, the victim gave birth to a female child on 19.04.2025 at the Government Hospital, Gowribidanur. However, thereafter, he refused to marry her. Hence, the complaint.

Based on the said complaint, the respondent

/police registered the case, conducted the investigation and submitted the charge sheet.

The submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in the case and he is innocent of the alleged offences. It is submitted that the statement of the victim recorded before the learned Magistrate under Section 183 of the BNS, 2023, clearly discloses that the petitioner had married the

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victim and that they were living together as husband and wife. It is further submitted that certain differences of opinion arose between the couple, and in the meantime, the victim approached the complainant. The complainant, being an officer, lodged the complaint only with the intention of teaching a lesson to the petitioner.

It is further submitted that the ingredients of the offences invoked in the FIR and charge sheet are not attracted to the facts and circumstances of the case. Hence, the petitioner may be released on bail by imposing suitable conditions; those conditions would be abided by the petitioner in the event of his release on bail. Making such a submission, he prays to allow the petition.

Per contra, the learned High Court Government Pleader for respondent No.1/State vehemently submitted that there is a threat to the victim. It is submitted that the petitioner had deceived the victim on a false promise of marriage, and on that pretext, he had committed sexual

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intercourse with her. However, after the victim gave birth to a female child, the petitioner has not shown any inclination to marry her.

It is further submitted that, under such circumstances, the victim approached the officials of the Sakhi-I Staff Centre, who in turn, lodged a complaint before the jurisdictional police. The manner in which the petitioner treated the victim would indicate his dishonest intention to cheat her from the beginning. Hence, it is not appropriate to grant him bail. Making such a submission, the learned High Court Government Pleader prays to reject the petition.

Heard the learned counsel for the respective

parties and perused the averments of the charge sheet. It appears from the record that the victim and the petitioner were acquainted with each other. As per the averments made in the statement recorded before the learned Magistrate, the petitioner had promised to marry the

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victim. Subsequently, with the intervention of the police and the elders, the petitioner married the victim at the temple of Rayamma situated at Yaragunte. After the marriage, the petitioner and the victim lived together as husband and wife at Manjunath Nagar, Bengaluru. Considering the said statement and also the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions that will take care of the apprehension of the prosecution. As a result, I pass the following:

ORDER

i) The petition is allowed.

ii) The petitioner is ordered to be enlarged on bail in Crime No.58/2025 filed by the respondent/police for the offences punishable under Sections 64(2)(m), 69, 318(2), 352, 351(2) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned IV Additional District and Sessions Judge, Tumakuru sitting at Madhugiri on executing personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court.

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iii) The petitioner shall neither threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court.

iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.

v) The petitioner shall not indulge in any criminal offences till disposal of the case.

In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail.

Sd/(S RACHAIAH) JUDGE

BKM List No.: 1 Sl No.: 2