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Karnataka High Court
Sri. Sunil Kumar vs State Of Karnataka on 16 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:9302
CRL.P No. 16074 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. 16074 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. SRI. SUNIL KUMAR
S/O JAYARAMAPPA
AGED ABOUT 32 YEARS
R/AT MUSTOOR VILLAGE, KASABA HOBLI
CHIKKABALLAPUR TALUK AND DISTRICT.
...PETITIONER
(BY SRI DEVENDRA N, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY CHIKKABALLAPUR WOMEN POLICE STATION
CHIKKABALLAPUR
REPRESENTED BY;
Digitally signed by STATE PUBLIC PROSECUTOR
LAKSHMINARAYANA
MURTHY RAJASHRI HIGH COURT OF KARNATAKA
Location: HIGH BENGALURU - 560 001.
COURT OF
KARNATAKA ...RESPONDENT
(BY SRI HARISH GANAPATHY, HCGP
SRI SURESH S, ADVOCATE FOR DEFACTO COMPLAINANT)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED
UNDER SECTION 482 BNNS) PRAYING TO ENLARGE HIM ON
BAIL IN CRIME No.0095/2025 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 115(2), 351(2), 69, 351(3)
R/W 3(5), 89 OF BNS REGISTERED BY CHIKKABALLAPUR
WOMEN POLICE STATION CHIKKABALLAPUR DISTRICT
-2-
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CRL.P No. 16074 of 2025
HC-KAR
(RESPONDENT HEREIN) AS BAIL APPLICATION FLED UNDER
SECTION 482 OF BNSS 2023.
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
482 of BNSS praying to grant anticipatory bail in Crime
No.95/2025 of Chikkaballapura Women Police Station
registered for offences punishable under Sections 115(2),
351(2), 69, 351(3) read with Section 3(5), 89 of BNS.
2. Heard learned counsel for the petitioner and
learned High Court Government Pleader for the respondent
-State who is assisted by learned counsel for defacto
complainant.
3. Learned counsel for the petitioner pointed that
there was love affair between petitioner and the victim girl
and they stayed together for 08 years. The alleged sexual
intercourse is consensual. The complaint has been filed at
the instigation of C.W.2 to C.W.5. Now the charge sheet
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has been filed and therefore, the petitioner is not required
for custodial interrogation. The offences alleged against
the petitioner are not punishable either with death or
imprisonment for life. There are no criminal antecedents of
the petitioner. With this, he prays to allow the petion.
4. Per contra, learned High Court Government
Pleader for the respondent -State who is assisted by
learned counsel for defacto complainant would contend
that the petitioner has used the victim lady for 08 years
under the promise of marriage. The victim became
pregnant two times and she was aborted. The petitioner
took Rs.35,00,000/- from the victim lady and he has not
returned. The mother of the petitioner has issued cheque
for Rs.35,00,000/- in favour of the victim lady and the
said cheque has been dishonoured. The charge sheet
materials show prima facie case against the petitioner for
offences alleged against him. With this, he prayed to reject
the petition.
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5. Having heard learned counsels, the Court has
perused the charge sheet and other materials placed on
the record.
6. As per charge sheet, the case of the
prosecution is that accused No.1 -petitioner and C.W.1 -
victim lady were loving each other and they both resided
in the house of this petitioner and lead life. The petitioner
under the promise of marriage had sexual intercourse with
the victim lady several times and accused Nos.2 to 4 have
cooperated for the said aspect. The petitioner did not
marry the victim lady and victim did insisted the petitioner
to marry her and therefore all accused on 10.01.2025
assaulted C.W.1 and sent her out of their house and gave
her threat over phone to kill her by pouring petrol. The
investigation is over. The charge sheet has been filed and
therefore, the petitioner is not required for custodial
interrogation. The offences alleged against the petitioner
are not punishable either with death or imprisonment for
life. The petitioner has undertaken to appear before the
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trial Court on all dates of hearing and abide by any
conditions to be imposed by this Court. Whether the
petitioner has not kept up his promise to marry the victim
lady and whether he had promised her to marry her is
matter of trial. There are no criminal antecedents of the
petitioner. Considering the above aspects, the petitioner
has made out case for grant of anticipatory bail with
conditions.
7. In the result, the following
ORDER
i) The petition is allowed.
ii) The petitioner -accused No.1 is ordered to be
released on bail in the event of his arrest in
Crime No.95/2025 of Chikkaballapura Women
Police Station subject to following conditions.:
a) The petitioner -accused No.1 shall
voluntarily appear before the jurisdictional
Court within 15 days from this day and
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execute a bail bond for a sum of
Rs.1,00,000/- with one surety for the like
sum to the satisfaction of the jurisdictional
Court.
b) The petitioner -accused No.1shall not
tamper the prosecution witnesses either
directly or indirectly.
c) The petitioner -accused No.1shall attend the
trial Court on all dates hearing unless
exempted and co-operate for speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 2 Sl No.: 7
