[Cites 6, Cited by 0]
Karnataka High Court
Harish Kumar T L vs State Of Karnataka on 3 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:5955
CRL.P No. 16766 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16766 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
HARISH KUMAR T.L
S/O LAKSHMANAPPA
AGED ABOUT 34 YEARS
R/A NO. 402, BDA APARTMENT
IV STAGE, KANIMAKKI
HEJJALA, KENGERI HOBLI
BANGALORE-560 060
...PETITIONER
(BY SRI. VIKAS M, ADVOCATE FOR
SRI. SURESH GOWDA B.R, ADVOCATE)
AND:
Digitally signed by 1. STATE OF KARNATAKA
LAKSHMINARAYANA
MURTHY RAJASHRI BY SRINGERI POLICE STATION
Location: HIGH REPRESENTED BY
COURT OF
KARNATAKA STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-560 001
2. SMT. SUDHA S. NAIKA
D/O SHIVA NAIKA
AGED ABOUT 32 YEARS
R/A SUNKATHI VILLAGE
-2-
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CRL.P No. 16766 of 2025
HC-KAR
HALAGERI POST, SIDDAPURA TALUK
NORTH CANARA DISTRICT-581 208
...RESPONDENTS
(BY SRI. MOHD AYUB ALI, ADDL. SPP FOR R1;
R2 - SERVED AND UNREPRESSED)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC
(FILED U/S 483 BNNS) PRAYING TO ALLOW THE PRESENT
PETITION BY GRANTING REGULAR BAIL TO THE PETITIONER/
ACCUSED IN (CR.NO.49/2025) IN SC.NO.127/2025 ON THE
FILE OF THE PRL. DIST AND SESSIONS JUDGE, AT
CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 69, 318(4) AND 351(2) OF THE BNSS ACT 2023,
REGISTERED BY SRINGERI POLICE STATION BASED ON THE
COMPLAINT LODGED BY THE DE FACTO COMPLAINANT.
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
483 of BNSS praying to grant bail in S.C.No.127/2025 arising
out of Crime No.49/2025 of Sringeri Police Station pending on
the file of Principal District and Sessions Judge, Chikkamagaluru
registered for offences punishable under Sections 69, 318(4),
351(2) of BNS.
2. Heard learned counsel for the petitioner and learned
Additional SPP for the respondent -State.
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3. Learned counsel for the petitioner would contend
that sexual intercourse between petitioner and the victim girl is
consensual. The alleged gold given by the victim to the
petitioner is on the next morning of the alleged sexual
intercourse. The victim girl is aged 32 years. The statement of
the victim has been recorded under Section 183 of BNSS and
there is no allegation of any forcible sexual intercourse and
there is no refusal by this petitioner to marry the victim girl.
The gold sold by the petitioner has been seized from the
jewelry shop and it has been returned to the victim. As the
charge sheet is filed, the petitioner is not required for custodial
interrogation. There are no criminal antecedents of the
petitioner. With this, he prays to allow the petition.
4. Per contra, and learned Additional SPP for the
respondent -State would contend that the petitioner under the
promise of marriage had sexual intercourse with the victim girl
and induced her to give her gold ornaments and received gold
ornaments. Thereafter, he switched off his phone and did not
contact the victim girl. The charge sheet materials show prima
facie case against the petitioner for offences alleged against
him. The statement of the victim girl has been recorded under
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Section 183 of BNSS. If the petitioner is granted bail, there are
chances of he threatening the victim and other prosecution
witnesses. With this, he prayed to reject the petition.
5. Having heard learned counsels, the Court has
perused the charge sheet and other materials placed on record.
6. As per charge sheet, the case of the prosecution is
that the victim girl came in contact with the petitioner through
matrimonial app, went to her house and talked regarding the
marriage. Thereafter, the petitioner asked the victim girl to
come to Sringeri and took her to lodge and promised her that
he will marry her and had sexual intercourse 2 to 3 times and
asked her to give gold as he is in financial difficulty and took
gold ornaments and thereafter, he switched off his phone and
not returned the gold to the victim. The victim girl is aged 32
years. The petitioner is aged 34 years. The victim girl in her
statement recorded under Section 183 of BNSS has not alleged
any forcible sexual intercourse by this petitioner on her. The
said statement does not contain any statement regarding
petitioner refusing to marry the victim. During investigation,
the Investigating Officer has been seized the gold from the
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jewelry shop and it has been returned to the complainant. The
petitioner is in judicial custody since 18.07.2025 and as the
charge sheet is filed, he is not required for further custodial
interrogation. There are no criminal antecedents of the
petitioner. Offences alleged against the petitioner are not
punishable either with death or imprisonment for life.
Considering the above aspect, 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 is granted bail in S.C.No.127/2025
arising out of Crime No.49/2025 of Sringeri Police
Station pending on the file of Principal District and
Sessions Judge, Chikkamagaluru registered for
offences punishable under Sections 69, 318(4),
351(2) of BNS subject to following conditions:
a) The petitioner -accused shall execute a personal
bond for a sum of Rs.1,00,000/- with one surety
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for the like sum to the satisfaction of the trial
Court.
b) The petitioner -accused shall not tamper the
prosecution witnesses either directly or
indirectly.
c) The petitioner -accused shall attend 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.: 4
