Karnataka High Court
Sesharaghavan B vs The State Of Karnataka on 16 December, 2025
-1-
NC: 2025:KHC:53730
CRL.A No. 2421 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 2421 OF 2025 (U/S 14(A) (2))
BETWEEN:
1. SESHARAGHAVAN B,
S/O LATE BALASUBRAMANYAM,
AGED ABOUT 36 YEARS,
R/AT NO. 57, 2nd A CROSS,
5th B MAIN, KALKERE,
N.R.I LAYOUT, RAMAMURTHYNAGARA,
BENGALURU 560 016.
...APPELLANT
(BY SRI. KANTHARAJAPPA M G., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY NORTH WOMEN POLICE STATION,
SANJAYANAGAR,
MALLESHWARAM SUB DIVISION,
BENGALURU CITY 560 094.
Digitally signed by REP BY HIGH COURT SPP,
LAKSHMINARAYAN N
Location: HIGH COURT HIGH COURT BUILDING,
OF KARNATAKA
BENGALURU 560 001.
2. JYOTHI M,
D/O MANJU A,
AGED ABOUT 33 YEARS,
R/AT NO. 24/1, 4th C CROSS,
9th MAIN, K N EXTENTION,
YESHWANTHAPURA ,
BENGALURU 560 022.
...RESPONDENTS
(BY SRI.B.LAKSHMAN, HCGP FOR R1,
RESPONDENT NO.2 SERVED.)
-2-
NC: 2025:KHC:53730
CRL.A No. 2421 of 2025
HC-KAR
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PLEASED TO SET ASIDE THE ORDER PASSED BY THE LD.
LXX ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU
(CCH-71), IN CRL.MISC.NO.10061/2025 DATED 27.11.2025
AND GRANT REGULAR BAIL TO THE APPELLANT IN
CRL.NO.0149/2025 FOR THE ALLEGED OFFENCES P/U/S. 63,
69, R/W 3(5) OF BNS 2023. AND UNDER SEC.3(2)(V) OF THE
SC/ST ACT 1989. REGISTERED BY THE INSPECTOR OF POLICE,
NORTH WOMEN POLICE STATION, SANJANYNAGAR,
MALLESHWARAM SUB-DIVISION, BENGALURU CITY
PRESENTLY, PENDING ON THE FILE OF LXX ADDL. CITY CIVIL
AND SESSIONS JUDGE, AT BENGALURU (CCH-71), IN
CR.NO.0149/2025.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
The appellant has preferred this appeal against the order passed by the LXX Addl. City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-71) in Crl.Misc. No.10061/2025 dated 27.11.2025.
2. Brief facts leading to this appeal are that, on the basis of the complaint filed by the victim, the North Women Police Station, Malleshwaram Sub-Division, Bengaluru city registered the case in Crime No.149/2025 against accused Nos.1 to 3 for the offence punishable -3- NC: 2025:KHC:53730 CRL.A No. 2421 of 2025 HC-KAR under Section 63, 69 read with 3(5) of BNS, 2023 and Section 3(2)(V) of SC/ST (Prevention of Atrocities) Act.
3. During the course of investigation, accused was arrested and produced before the Special Court and he was remanded to judicial custody. Application under Section 483 of BNSS is filed and the same came to be rejected by the trial Court. Being aggrieved by this order, the appellant has preferred this appeal.
4. Learned counsel for the appellant would submit that the alleged incident took place on 12.11.2024, the complaint came to be filed on 05.11.2025. That there is delay of nearly about an year in filing the complaint. The trial Court has granted anticipatory bail to accused No.2 (mother of accused No.1). Accused is suffering from kidney disease and also asthma. On all these grounds sought for allowing this appeal.
5. Learned High Court Government Pleader Sri.B.Lakshman, seriously objected for grant of bail. -4-
NC: 2025:KHC:53730 CRL.A No. 2421 of 2025 HC-KAR
6. I have examined the materials placed before this Court. The alleged incident took place on 12.11.2024 till 30.10.2025. the complaint came to be filed on 05.11.2025 at 04.40 p.m. In the First Information Report in column No.3(c), the Investigating Officer has not explained anything as to the delay in filing the complaint.
7. The gist of the complaint is that, during October 2024 complainant received marriage proposal from the petitioner through the Aisle application. After mutual acceptance they both exchanged their contact numbers and started communicating with each other. During their meet at Gopalan Signature Mall on 12.11.2024 the petitioner agreed to discuss about their marriage with his parents and the complainant explained him about her caste and he accepted her caste. It is alleged that gradually the petitioner started to convince the complainant for physical intimacy and on many occasions they both had coitus in malls, hotel rooms and in the house of the complainant. Due to this the complainant -5- NC: 2025:KHC:53730 CRL.A No. 2421 of 2025 HC-KAR became pregnant and out of fear she consumed abortion pills.
8. It is alleged that the complainant came to know that the petitioner has uploaded his bio-data on a matrimonial site. On enquiry, the petitioner told that his mother i.e., accused No.2 is not willing for their marriage as the complainant belongs to scheduled caste and he also told that he is in relationship with the accused No.3. Unable to bear the harassment made by the petitioner and accused Nos.2 and 3 the complainant attempted to suicide and took treatment at Apollo hospital. Based on the complaint, case was registered.
9. The trial Court has observed in para No.14 of the judgment that it can be gathered from the records that the relationship between the petitioner and the complainant was consensual in nature. The averments of the complaint clearly disclose that they both indulged in physical relationship. However, the trial Court has rejected the bail application. The accused is not required for further -6- NC: 2025:KHC:53730 CRL.A No. 2421 of 2025 HC-KAR investigation. The accused is in judicial custody from the date of arrest i.e., on 05.11.2025. The alleged commission of offence is not punishable with death or imprisonment for life.
10. Considering the nature and gravity of the offences, previous antecedents of the accused, it is just and proper to allow this appeal. Accordingly, I proceed to pass the following:
ORDER
i) Appeal is allowed.
ii) The order passed by the LXX Addl. City Civil And Sessions Judge and Special Judge, Bengaluru (CCH No.71) in Crl.Misc No.10061/2025 dated 27.11.2025 is set aside. Consequently, application filed under Section 483 of BNSS is allowed, subject to following conditions:
a) The appellant/accused No.1 shall be released on bail upon executing a self bond for a sum of Rs.1,00,000/- (Rupees one -7- NC: 2025:KHC:53730 CRL.A No. 2421 of 2025 HC-KAR lakh only) with one surety for the likesum to the satisfaction of the trial Court;
b) The appellant/accused No.1 shall assist the Investigating Officer for investigation;
b) The appellant/accused No.1 shall not tamper or threaten with the prosecution's witnesses in any manner.
Sd/-
(G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 7