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Karnataka High Court
Sesharaghavan B vs The State Of Karnataka on 16 December, 2025
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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.)
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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
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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.
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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
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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
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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
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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
