[Cites 9, Cited by 0]
Karnataka High Court
Asif vs State Of Karnataka on 16 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:9263
CRL.P No. 15781 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 15781 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
ASIF
S/O. ABDULLA,
AGED ABOUT 42 YEARS,
R/AT: 3/147, KESARUGADDE,
BELUVAI POST, PADUMARNADU VILLAGE,
MOODABIDRI TALUK,
MANGALORE - 574 213.
...PETITIONER
(BY SRI. DHANANJAY KUMAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY D.K. WOMEN POLICE STATION,
REP BY SPP,
Digitally signed by HIGH COURT OF KARNATAKA,
LAKSHMINARAYANA
MURTHY RAJASHRI BANGALORE - 560 001.
Location: HIGH
COURT OF
KARNATAKA 2. SMT. SARITHA
AGED ABOUT 39 YEARS,
W/O GANESH,
R/AT SHREE SHAKTHI NILAYA,
OVERBRIDGE BHAT NAGARA,
THOKOTTU, ULLALA,
MANGALORE - 575 017.
...RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP FOR R1;
R2 - SERVED BUT UNREPRESENTED)
-2-
NC: 2026:KHC:9263
CRL.P No. 15781 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS
PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.131/2024 REGISTERED BY THE D.K. WOMEN POLICE
STATION ON THE FILE OF VI ADDITIONAL DISTRICT AND
SESSIONS JUDGE, D.K., MANGALURU, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 64, 308(2) AND 351(2) OF
BNS, 2023 AND SECTION 67(A) OF INFORMATION
TECHNOLOGY ACT, 2000.
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 accused No.1 under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in Crime No.131/2024 of D.K. Women Police
Station registered for offences punishable under Sections
64, 308(2) and 351(2) of Bharatiya Nyaya Sanhita, 2023
and Section 67(A) of Information Technology Act.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent
No.1 - State. Inspite of service of notice, respondent No.2
remained absent and unrepresented.
NC: 2026:KHC:9263
HC-KAR
3. Learned counsel for petitioner would contend
that, the victim lady had earlier filed complaint dated
22.01.2023 with regard to incident dated 21.01.2023 and
case has been registered in Crime No.9/2023 of Ullal
Police Station against the petitioner for offences under
Sections 354(D), 509 and 447 of IPC. As per the said FIR,
the petitioner was unknown to the victim lady as on
21.01.2023. The present complaint filed by the victim lady
against the petitioner dated 12.12.2024 indicates that the
petitioner is known to her and on 10.01.2023 he took her
to a lodge and had sexual intercourse on her. The said
incident dated 10.01.2023 took prior to 21.01.2023. The
victim lady has not stated anything with regard to incident
dated 10.01.2023 in the FIR registered in Crime
No.9/2023 on 22.01.2023. Learned counsel for petitioner
further contented that, in Crime No.9/2023, there is no
allegation of sexual intercourse by this petitioner on
21.01.2023. The victim lady had filed several complaints
against different persons. The petitioner who is stated to
NC: 2026:KHC:9263
HC-KAR
have been involved in six (6) cases and has been
acquitted in two (2) cases. Now, the charge sheet has
been filed and therefore the petitioner is not required for
further custodial interrogation. With these, he prayed to
allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent No.1 would contend that, the
petitioner is having criminal antecedents involved in nine
(9) cases for offences under NDPS and POCSO Act. The
victim lady in statement recorded under Section 183 of
BNSS specifically stated the acts of this petitioner having
sexual intercourse with the victim lady and recording the
same and thereafter harassing the victim lady. The charge
sheet materials show that, there is a prima-facie case
against the petitioner for offences alleged against him.
With these, she prayed for dismissal of the petition.
NC: 2026:KHC:9263
HC-KAR
5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
6. As per charge sheet, the incident has taken
place on 10.01.2023 and on 24.11.2024. The petitioner
alleged to have taken the victim lady on 10.01.2023 to a
lodge and had forcible sexual intercourse on her and
recording the same and subsequently by showing the said
video, he extracted money from her and he has sent the
recorded videos to C.W.3 and C.W.4. The complaint has
been filed in the present case on 12.12.2024. Prior to that,
the victim lady had filed a complaint on 22.01.2023
registered in Crime No.9/2023 of Ullal Police Station with
regard to incident dated 21.01.2023. On perusal of the
complaint of the said Crime No.9/2023, the petitioner was
unknown to her as on 21.01.2023 and he was caught red
handed when the petitioner has sought sexual favour and
case was registered against him. The present incident
alleged to have taken place on 10.01.2023 which is prior
NC: 2026:KHC:9263
HC-KAR
to 21.01.2023. The victim lady has not mentioned with
regard to the incident dated 10.01.2023 in her complaint
registered in Crime No.9/2023 of Ullal Police Station. As
per averments in the complaint, the incident has taken
place in the house. But further statement of complainant
indicates that it has taken place in a lodge. Considering
the said aspects, whether the petitioner has committed the
offences alleged against him is a matter of trial. As the
charge sheet is filed, the petitioner is not required for
further custodial interrogation.
7. Considering all the above aspects, the petitioner
has made out a case for grant of bail with conditions. In
the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted bail in Crime No.131/2024 of D.K. Women Police
Station, subject to following conditions:
i) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- (Rupees
NC: 2026:KHC:9263
HC-KAR
One Lakh only) with one surety for the
like-sum to the satisfaction of the
Jurisdictional Court.
ii) The petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
iii) The petitioner shall appear before the trial
Court on all dates of hearing unless
exempted by the Court and cooperate for
speedy disposal of the case.
iv) The petitioner shall not involve in
commission of any offence. If the petitioner
found involved in commission of any
offence, the prosecution is at liberty to seek
cancellation of bail granted to him.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 2 Sl No.: 5
