Citation : 2026 Latest Caselaw 1137 Kant
Judgement Date : 11 February, 2026
-1-
NC: 2026:KHC:8230
CRL.P No. 16916 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16916 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
SRI. SAVIKUMAR
S/O MUNIRAJU
AGED ABOUT 26 YEARS
RESIDING AT NO.44, B.S. COLONY
1ST CROSS, 15TH MAIN
INDIRANAGAR, BENGALURU NORTH
HAL 2ND STAGE, BENGALURU - 560 008
...PETITIONER
(BY SRI. SHASHANK SRIDHAR, ADVOCATE)
AND:
STATE OF KARNATAKA
BY JEEVAN BHEEMANAGAR POLICE STATION
Digitally signed by
LAKSHMINARAYANA REPRESENTED BY THE
MURTHY RAJASHRI
Location: HIGH STATE PUBLIC PROSECUTOR
COURT OF
KARNATAKA HIGH COURT OF KARNATAKA
BENGALURU-560 001
...RESPONDENT
(BY SRI. MOHD. AYUB ALI, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C
(FILED UNDER SECTION 482 OF BNNS) PRAYING TO ENLARGE
THE PETITIONER ON BAIL IN THE EVENT OF PETITIONER IS
ARRESTED IN CRIME NO.0258/2025 BY RESPONDENT POLICE,
PENDING ON THE FILE OF THE 10TH ADDL.CMM, COURT,
MAYOHALL, BENGALURU CITY FOR THE ALLEGED OFFENCE
PUNISHABLE UNDER SECTION 69 OF BNS 2023.
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NC: 2026:KHC:8230
CRL.P No. 16916 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by the sole accused under
Section 482 of BNSS praying to grant anticipatory bail in
Crime No.258/2025 of Jeevan Bheemanagar Police Station
registered for offence punishable under Section 69 of BNS.
2. Heard learned counsel for the petitioner and
learned Additional SPP for the respondent -State.
3. Learned counsel for the petitioner would
contend that the victim lady is 25 years old and she is
divorcee. The petitioner and the victim lady are in
relationship for more than 2.5 years. The petitioner and
victim had consensual physical relationship. When the
victim girl demanded money from the petitioner, as
petitioner refused to give money, the victim girl has filed
false complaint against the petitioner. The victim girl is of
the age of understanding the consequences of her acts.
NC: 2026:KHC:8230
HC-KAR
The petitioner is ready to co-operate with Investigating
Officer in investigation and abide by any terms and
conditions to be imposed by this Court. There are no
criminal antecedents of the petitioner. With this, he prayed
to allow the petition.
4. Per contra, learned Additional SPP for the
respondent -State would contend that there was promise
by the petitioner to the victim girl to marry her and
thereafter, in the guise of marriage, he had physical
relationship with the victim. Thereafter, he started
avoiding her and she attempted to commit suicide. When
the petitioner refused to marry the victim girl, she filed
complaint. The petitioner is required for custodial
interrogation. With this, he prayed to reject the petition.
5. Having heard learned counsels, the Court has
perused the FIR, complaint and other materials placed on
record.
NC: 2026:KHC:8230
HC-KAR
6. The victim lady is aged 25 years, she is
divorcee and she was resident of Assam. The victim lady
came to Bangalore during October -2021 and thereafter,
she came in contact with the petitioner and they started
loving each other. It is alleged that the petitioner had
promised the victim lady to marry her and had physical
relationship with her in the home and also in the lodges.
The victim lady is Muslim and the petitioner is Hindu. The
allegation against the petitioner is that under the promise
of marriage, he had physical relationship with the
petitioner and thereafter, refused to marry her. Whether
the petitioner had promised to marry the victim lady and
subsequently he resiled from the promise and committed
offence alleged is matter of investigation and trial. The
petitioner has undertaken to cooperate with Investigating
Officer in investigation and abide by any conditions to be
imposed by this Court. The offence alleged against the
petitioner is not punishable either with death or
imprisonment for life. There are no criminal antecedents of
NC: 2026:KHC:8230
HC-KAR
the petitioner. Considering the above aspects, the
petitioner has made out case for grant of bail with
conditions.
7. In the result, the following
ORDER
i) The petition is allowed.
ii) The petitioner-accused is ordered to be
released on bail in the event of his arrest in
Crime No.258/2025 of Jeevan Bheemanagar
Police Station subject to following conditions:
a) The petitioner -accused shall voluntarily
appear before the Investigating Officer
within 15 days from this day and execute a
bail bond for a sum of Rs.1,00,000/- with
one surety for the like sum to the
satisfaction of the Investigating Officer.
NC: 2026:KHC:8230
HC-KAR
b) The petitioner -accused shall cooperate with
Investigating Officer in the investigation and
appear before the Investigating Officer
whenever called for.
c) The petitioner -accused shall not directly or
indirectly make an inducement, threat or
promise to any person acquainted with the
facts of the case so as to dissuade him from
disclosing such a facts to the court or police
officer or tamper with the evidence.
d) In case of filing of the charge sheet, the
petitioner -accused shall appear before the
trial Court on all dates of hearing unless
exempted and cooperate for speedy disposal
of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 77
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