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Karnataka High Court
Sri Rajesh B N vs The State Of Karnataka on 9 April, 2026
-1-
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CRL.P No. 2709 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH 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 1. THE STATE OF KARNATAKA,
signed by REP BY SUB-INSPECTOR OF POLICE,
PAVITHRA Y.N. HOSAKOTE POLICE STATION,
N PAVAGADA TALUK,
TUMKURU (D).
Location:
High Court REP. BY STATE PUBLIC PROSECUTOR,
of HIGH COURT OF KARNATAKA,
Karnataka BANGALORE - 560 001.
2. VICTIM GIRL
XXX
D/O. LATE CHIKKAHANUMANTHAPPA,
AGED ABOUT 34 YEARS,
R/A. YARRAPALYA VILLAGE,
PAVAGADA TALUK,
TUMKURU (D)-561 202.
-2-
NC: 2026:KHC:19592
CRL.P No. 2709 of 2026
HC-KAR
...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.
2. 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.
3. Based on the said complaint, the respondent
/police registered the case, conducted the investigation
and submitted the charge sheet.
4. 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.
5. 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.
5. 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.
6. 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.
7. 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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HC-KAR
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
