Chethan Vs State by Ashoknagar Police

THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 06.02.2026 PASSED BY THE LXX ADDL.CITY CIVIL AND SESSIONS JUDGE AND PSL.JUDGE BENGALURU IN CRL.MISC.NO.114/2026 ARISING OUT OF CR.NO.313/2025 OF ASHOK NAGAR POLICE BENGALURU FOR THE OFFENCE P/U/S 69 OF BNS AND SEC.3(2)(VA) OF SC/ST (POA) ACT.

¶18

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶19

2 -

¶20

NC: 2026:KHC:14818 CRL.A No. 288 of 2026

¶21

HC-KAR

¶22

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

¶23

ORAL JUDGMENT

¶24

This appeal is by the accused in Crime No.313/2025 registered by Ashoknagar Police Station, Bengaluru City, for the offences punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS, 2023') and Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act').

¶25

The allegation against the accused/appellant is that he befriended the victim/respondent No.2 and by promising to marry her, had forced her to obtain divorce from her husband. Victim used to reside in a rented house and accused/appellant used to frequently visit her house and she became pregnant out of her relationship with the accused/appellant and she also gave birth to a girl child. Further, the accused/appellant refused to marry her as promised, which constrained the victim to lodge the complaint before Ashoknagar Police Station on 07.10.2025 for the offences noted above. Accused/appellant was arrested 01.11.2025 and has been in confinement since then. Accused/appellant had moved an application under

¶26

3 - NC: 2026:KHC:14818 CRL.A No. 288 of 2026

¶27

HC-KAR

¶28

Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for

¶29

short, 'BNSS, 2023') seeking regular bail on the file of the Court of LXX Addl. City Civil & Sessions Judge, Bengaluru, in Crl. Misc. No.114/2026, which came to be dismissed by order dated 06.02.2026. Being aggrieved by the same, accused/appellant is before this Court.

¶30

Notice of this appeal was issued to the victim/respondent no.2 who is present before this Court with her child, and is represented by her Counsel Ms. Kannika.N.

¶31

Learned Counsel for respondent no.2 has no objection in considering the application of the appellant-accused for release on bail and she has also filed a memo indicating her no objection for the said purpose.

¶32

Heard. Perused the records.

¶33

Notwithstanding the 'no objection' indicated by

¶34

respondent no.2, it is seen that charge sheet has already been filed. The allegation is that the accused-appellant had committed breach of promise to marry respondent no.2 and had emotionally exploited her and she became pregnant of his

¶35

4 - NC: 2026:KHC:14818 CRL.A No. 288 of 2026

¶36

HC-KAR

¶37

child. Whether the accused had promised to marry and had misused the circumstances is a matter which requires to be adjudicated and determined after the trial. Since the charge sheet is already filed and in the light of the circumstances narrated above, more particularly the submission being made on behalf of respondent no.2 by her Counsel, this Court deems it appropriate to allow the appeal. Accordingly, the following order:

¶38

(i) Criminal appeal is allowed.

¶39

(ii) The impugned order dated 06.02.2026 passed by the Court of LXX Addl. City Civil & Sessions Judge & Spl. Judge, Bengaluru, in Crl. Misc. No.114/2026 is set aside.

¶40

(iii) The appellant is directed to be enlarged on bail in Crime No.313/2025 registered by Ashoknagar Police Station registered for the offences punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023, Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, subject to the following conditions:

¶41

a) Appellant shall execute personal bond for a sum of Rs.50,000/- with one surety for the likesum, to the satisfaction of the jurisdictional Court;

¶42

b) The appellant shall appear regularly on all the dates of hearing before the Trial Court unless

¶43

5 -

¶44

NC: 2026:KHC:14818 CRL.A No. 288 of 2026

¶45

HC-KAR

¶46

the Trial Court exempts his appearance for valid reasons;

¶47

c) The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses;

¶48

d) The appellant shall not involve in similar offences in future;

¶49

e) The appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

¶50

Sd/(M.G.S. KAMAL) JUDGE

¶51

KK

Chethan v. State by Ashoknagar Police

Case brief

What is this about?

What did the court decide?

Chethan v. State by Ashoknagar Police

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

S. J. Jagan Mohan Vs K. Prashanth

Sanjay Sabarad Vs State of Karnataka by

B Venkataraju S/O. Late G Byrappa Vs Smt Tarabai W/O. Changanlal

Gurumurthy M R @ Guru @ Gombe Vs State of Karnataka

Smt Jayabai Vs the State of Karnataka

Sri G Gopinath Vs the State of Karnataka