Full Judgment Text
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NC: 2026:KHC:5220
CRL.P No. 13213 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 13213 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. SRI SURAJ KUMAR
S/O SRI. ACHARI
AGED ABOUT 34 YEARS
TH
R/AT No.406, 4 FLOOR
WHITE RESIDENCY
RD ND
3 MAIN ROAD, BTM 2 STAGE
BENGALURU – 560 000.
…PETITIONER
(BY SRI. G RAKESH RAJ, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY MICO LAYOUT POLICE STATION
BANGALORE
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA COMPLEX
BENGALURU-560 001.
…RESPONDENT
(BY SRI M R PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C. (FILED
UNDER SECTION 482 BNNS) PRAYING TO ENLARGE HIM ON
ANTICIPATORY BAIL IN THE EVENT OF ARREST BY RESPONDENT
MICO LAYOUT POLICE IN CRIME No.210/2025 REGISTERED FOR
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA
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CRL.P No. 13213 of 2025
HC-KAR
OFFENCES PUNISHABLE UNDER SECTIONS 69, 351(3), 351(2),
352, 115(2) OF BNSS ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by accused No. 1 under
Section 482 of BNSS praying to grant anticipatory bail in
Crime No. 210/2025 of MICO Layout Police Station
registered for offence under Sections 69, 351(3) 351(2), 352
and 115(2) of BNS.
2. Heard learned counsel for petitioner and learned
HCGP for respondent – State.
3. Learned counsel for petitioner would contend
that petitioner was in relationship with the victim for about
5 years. The victim went back to Dehradun. Thereafter she
returned and having no job, the victim is trying to contact
the petitioner. When petitioner did not received her calls,
she filed a false complaint against the petitioner. The alleged
contact between petitioner and the victim lady are
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consensual. Petitioner is still unmarried. Petitioner is ready
to cooperate with the Police in investigation and abide by
any terms and conditions to be imposed by this Court. With
this, he prayed to allow the petition.
4. Per contra learned HCGP would contend that
statement of the victim has been recorded under Section
183 of BNSS, wherein she has specifically stated the acts of
this petitioner, cheating her and under the promise of
marriage having sexual intercourse with her. The matter is
under investigation and petitioner is required for custodial
interrogation. With this, he prayed to reject the petition.
5. Having heard learned counsel for the parties the
Court has perused the FIR, complaint and other materials
placed on record.
6. The victim has filed the complaint. Age of the
victim is 28 years. As per averments of the complaint, the
victim is in contact with the petitioner from the year 2020.
The victim had stayed in the house of the petitioner. The
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HC-KAR
alleged act of sexual intercourse by the petitioner and the
victim girl is submitted to be consensual. The offences
alleged against the petitioner are not punishable either with
death or imprisonment for life. Petitioner has undertaken to
cooperate with the Investigating Officer in investigation and
abide by any conditions to be imposed by this Court. There
are no criminal antecedents of the petitioner.
7. Considering the above aspects, petitioner has
made out case for grant of anticipatory bail with conditions.
In the result, the following;
O R D E R
Petition is allowed. Petitioner is ordered to be released
on bail in the event of his arrest in a Crime No. 210/2025 of
MICO Layout Police Station subject to following conditions:
I. Petitioner shall voluntarily appear before the
Investigating Officer within 15 days from this day and
execute bail bond for a sum of Rs.1,00,000/- with one
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CRL.P No. 13213 of 2025
HC-KAR
surety for the likesum to the satisfaction of the
Investigating Officer.
II. Petitioner shall appear before the Investigating Officer
whenever called for and cooperate for investigation.
III. 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 to the Court or to any
Police officer or tamper with the evidence.
IV. In case of filing of chargesheet, petitioner shall
appear before the trial Court regularly.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 2 Sl No.: 6
Ct.sm