[Cites 10, Cited by 0]
Karnataka High Court
Akhilesh M @ Akhilesh Naik vs The State Of Karnataka on 27 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:12227
CRL.P No. 17519 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 17519 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. AKHILESH M @ AKHILESH NAIK
S/O MANJA NAIK
AGED ABOUT 27 YEARS
R/O BALURU VILLAGE
SHIKARIPURA TALUK
SHIVAMOGGA DISTRICT
PIN - 577 222.
...PETITIONER
(BY SRI. KRISHNAPPA N R, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY INSPECTOR OF POLICE
Digitally signed by
LAKSHMINARAYANA SHIKARIPURA RURAL POLICE STATION
MURTHY RAJASHRI REPRESENTED BY SPP
Location: HIGH
COURT OF HIGH COURT BUILDING
KARNATAKA HIGH COURT OF KARNATAKA
BENGALURU-560 001.
...RESPONDENT
(BY SMT. WAHEEDA M M, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
UNDER SECTION 483 BNNS) PRAYING TO THE HAS REJECTED
THE BAIL PETITION ON GRANT HIM BAIL IN CRIME
No.233/2025 REGISTERED BY THE SHIKARIPURA RURAL
POLICE REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
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CRL.P No. 17519 of 2025
HC-KAR
SECTIONS 64(2)(M), 351(3), 352 AND 74, 115(2), 329(4) AND
190 OF BNS 2023.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by accused No. 1 under
Section 483 of BNSS praying to grant bail in Crime No.
233/2025 of Shikaripura Rural Police Station registered for
offences under Sections 64(2)(M), 351(3), 352, 74,
115(2), 329(4) and 190 of BNS.
2. Heard learned counsel for petitioner and
learned HCGP for respondent - State.
3. Learned counsel for petitioner would contend
that petitioner and victim lady were having extra marital
affair and therefore the victim lady, along with her child,
went to a lodge with the petitioner. The alleged physical
contact between petitioner and the victim lady is
consensual. Victim lady is aged 22 years, married having a
son aged 3 years. Statement of the victim lady has
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already been recorded under Section 183 of the BNSS. The
alleged incident has taken place on 21.06.2025 and
complaint has been filed on 08.08.2025. There is delay of
46 days in filing the complaint. The FSL report is negative.
Petitioner is in judicial custody since 08.08.2025 and as
chargesheet is filed, he is not required for further custodial
interrogation. With this, he prayed to allow the petition.
4. Per contra learned HCGP would contend that
the documents collected indicate that the petitioner had
booked the lodge on 21.06.2025. Statement of victim lady
has been recorded under Section 183 of BNS which clearly
indicates the act of this petitioner forcibly taking the victim
lady to the lodge and having sexual intercourse with her.
Chargesheet material show prima facie case against the
petitioner for offences alleged against him. With this she
prayed to reject the petition.
5. Having heard learned counsel for the parties,
the Court has perused the chargesheet and other
materials placed on record.
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6. As per chargesheet case of the prosecution is
that petitioner was telling the victim lady that he was
loving her and at that time, victim lady had told him that
he is also married and she is also married and not to do
so. Petitioner asked the victim lady to come in the
midnight or otherwise he will commit suicide by writing her
name. On 21.06.2025, the victim lady went along with her
3 years old son near bus stand and went on the bike of the
petitioner to a lodge. It is alleged that the petitioner had
committed forcible sexual intercourse on the victim lady in
the said lodge. Thereafter petitioner was harassing the
victim lady to come with him. She informed the same to
her husband and both went to the Police Station, but,
returned without filing complaint. On 08.08.2025 at about
06.30 a.m., accused Nos. 3 to 5 - family members of the
petitioner - accused No. 1 went to the house of C.W.1 and
C.W.2, abused her stating that they had been to file
complaint against the petitioner, accused No. 3 held the
hairs of C.W.1, kicked her on her stomach and others
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abused C.W.1 and C.W.2, assaulted with hands on their
body and caused injuries.
7. Victim lady is aged 22 years and she is married
having husband and son aged 3 years. On being called by
the petitioner, she went on his bike to a lodge along with
her child. The alleged incident of sexual intercourse taken
place on 21.06.2025 and complaint has been filed on
08.08.2025. There is delay in filing the complaint.
Complaint has been filed after the incident dated
08.08.2025, when accused Nos. 2 to 5 have assaulted
C.W.1 and C.W.2.
8. It is submitted by learned counsel for petitioner
that there is extra marital affair between petitioner and
victim lady and alleged act of sexual intercourse is
consensual. Petitioner is in judicial custody since
08.08.2025 and as chargesheet is filed he is not required
for further custodial interrogation. The offences alleged
against the petitioner are not punishable either with death
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or imprisonment for life. There are no criminal antecedents
of the petitioner.
9. Considering the above aspects, petitioner has
made out case for grant of bail with conditions.
In the result, the following;
ORDER
Petition is allowed. Petitioner is granted bail in Crime
No. 233/2025 of Shikaripura Rural Police Station subject
to following conditions.
I. Petitioner shall execute bail bond for a sum of
Rs.1,00,000/- with one surety for the like sum to the
satisfaction of the jurisdictional Court.
II. Petitioner shall not tamper the prosecution witnesses
either directly or indirectly.
III. Petitioner shall attend the trial Court on all dates of
hearing unless exempted and cooperate for speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 2 Sl No.: 9
Ct.sm
