(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri. Srinand A. Pachhapure, learned counsel
2. Accused who has been shown as absconding accused
"Wherefore, it is respectfully prayed before
this Hon'ble Court to grant anticipatory bail to the
petitioner/accused No.1, in the event of his arrest
in Crime No.19/2025 registered for the offences
punishable under Section 64(2)(m), 351(1),
351(2), 351(3), 238 read with Section 3(5) of
BNS and Section 67(A) of Information Technology
Act, 2000, by Takkalkota Police Station, Ballari,
pending on the file of Addl. Civil Judge (Jr. Dn.)
and JMFC, Siruguppa, in the interest of justice."
NC: 2026:KHC-D:1109
HC-KAR
3. Facts in nutshell which are utmost necessary for
disposal of the present petition are as under:
4. A complaint came to be lodged by the victim girl with
Tekkalkota Police Station, contending that she is the resident of
Nittur Village, Siraguppa Taluk, Ballari District and she is residing
with her mother, elder brother in the house and her younger
sister is residing in B.C.M. Hostel, Siraguppa.
5. The present petitioner got acquainted with the victim
girl when the victim girl used to visit the public tap for washing
the clothes. After developing sufficient intimacy, the accused
took the victim girl to his house and in the guise of love affair,
had a forcible sexual intercourse with her and took photographs
of the intimate scenes.
6. It is further alleged in the complaint that keeping the
photographs with him, the accused started blackmailing her for
physical relationship as and when called and also threatened the
victim girl that if the incident is revealed to either her elder
brother or mother, she would take away their lives.
NC: 2026:KHC-D:1109
HC-KAR
7. Accused also procured a mobile telephone to her and
used to call her whenever accused wanted to have the physical
relationship. The relationship between the accused and victim
girl somehow reached the ears of the family members of the
victim girl. The same was reported to the police on 11.03.2025
at about 08.30 p.m.
8. Police after registering the case in Crime No.19/2025
for the offences under Sections 64(2)(m), 351(1), 351(2),
351(3), 238 read with Section 3(5) of Bhartiya Nyaya Sanhita,
2023 and Section 67(A) of the Information Technology Act,
investigated the matter and filed charge sheet and the accused
has been shown as absconding.
9. Attempt made by the accused to obtain an order of
grant of anticipatory bail was turned down by the learned Trial
Judge and thereafter, the petitioner is before this Court.
10. Learned counsel for the petitioner would contend that
victim was major and it is a consensual act and therefore, no
offence whatsoever could be attracted as is alleged against him
and therefore, sought for grant of anticipatory bail.
NC: 2026:KHC-D:1109
HC-KAR
11. Per contra, Sri P.N.Hatti, learned High Court
Government Pleader opposes the bail grounds by contending that
it is not a case of love affair as no true lover would take the
photographs of intimate moments and blackmail the partner for
the purpose of continuous physical relationship and therefore,
sought for dismissal of the petition.
12. He would further contend that accused is a
absconding accused and therefore, this Court cannot grant bail
for an absconding accused by exercising power under Section
482 BNSS.
13. Having heard the arguments of both sides, this Court
perused the material on record meticulously.
14. On such perusal of the material on record, it is
crystal clear that there was intimacy developed between the
parties. However, the victim girl was enticed by the petitioner
herein to have the physical relationship in the guise of having a
love affair. Thereafter, he took photographs of the victim girl of
intimate scenes and was threatening the victim girl that if she
NC: 2026:KHC-D:1109
HC-KAR
does not obey his instructions for the forcible sexual intercourse,
she would publicize the photographs of the intimate scenes.
15. When the blackmailing of the accused was unable to
be tolerated, complaint came to be lodged and police have
investigated the matter and filed charge sheet, showing the
accused as absconding.
16. In the first place, accused having been shown as the
absconding accused, he cannot be termed as a law-abiding
citizen so as to grant a special relief of anticipatory bail.
17. Secondly, assuming that the incident is a consensual
act on account of the love affair, no true lover would indulge in
taking photographs of intimate scenes and blackmail the victim
girl for forcible sexual intercourse.
18. Prima facie materials have been collected by the
investigation agency and the charge sheet is filed.
19. Under such circumstances, request of the petitioner
cannot be entertained.
NC: 2026:KHC-D:1109
HC-KAR
20. Accordingly, following:
ORDER
Petition is dismissed.
Sd/-
(V.SRISHANANDA)
JUDGE
SMM- upto para 10
CLK - para 11 to till end
CT:CMU / LIST NO.: 2 SL NO.: 5
