[Cites 2, Cited by 0]
Karnataka High Court
Chethan vs State By Ashoknagar Police on 12 March, 2026
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2026:KHC:14818
CRL.A No. 288 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
CRIMINAL APPEAL NO. 288 OF 2026 (U/S 14(A) (2)
BETWEEN:
CHETHAN
S/O LATE MUNIRAJU
AGED ABOUT 32 YEARS
R/AT 18, 7TH, D, CROSS
ROSE GARDEN, NEELASANDRA
BENGALORE - 571 301.
...APPELLANT
(BY SRI RAJU C.N, ADV.)
AND:
1. STATE BY ASHOKNAGAR POLICE
BENGALORE, REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
AT BANGALORE - 560 009.
2. SUSHMITHA
W/O MAHADEV
AGED ABOUT 26 YEARS
Digitally
signed by R/AT. 45, THIMMAPPA
NANDINI M S GARDEN, NEELASANDRA
Location: BENGALURU - 560 047.
HIGH COURT ...RESPONDENTS
OF
KARNATAKA (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1;
MS. KANNIKA N, ADV., FOR R-2)
THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 06.02.2026 PASSED BY
THE LXX ADDL.CITY CIVIL AND SESSIONS JUDGE AND PSL.JUDGE
BENGALURU IN CRL.MISC.NO.114/2026 ARISING OUT OF
CR.NO.313/2025 OF ASHOK NAGAR POLICE BENGALURU FOR THE
OFFENCE P/U/S 69 OF BNS AND SEC.3(2)(VA) OF SC/ST (POA) ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2026:KHC:14818
CRL.A No. 288 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL JUDGMENT
1. This appeal is by the accused in Crime No.313/2025
registered by Ashoknagar Police Station, Bengaluru City, for the
offences punishable under Section 69 of Bharatiya Nyaya
Sanhita, 2023 (for short, 'BNS, 2023') and Sections 3(1)(r),
3(1)(s) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for short, 'the Act').
2. The allegation against the accused/appellant is that he
befriended the victim/respondent No.2 and by promising to
marry her, had forced her to obtain divorce from her husband.
Victim used to reside in a rented house and accused/appellant
used to frequently visit her house and she became pregnant
out of her relationship with the accused/appellant and she also
gave birth to a girl child. Further, the accused/appellant refused
to marry her as promised, which constrained the victim to
lodge the complaint before Ashoknagar Police Station on
07.10.2025 for the offences noted above. Accused/appellant
was arrested 01.11.2025 and has been in confinement since
then. Accused/appellant had moved an application under
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Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short, 'BNSS, 2023') seeking regular bail on the file of the
Court of LXX Addl. City Civil & Sessions Judge, Bengaluru, in
Crl. Misc. No.114/2026, which came to be dismissed by order
dated 06.02.2026. Being aggrieved by the same,
accused/appellant is before this Court.
3. Notice of this appeal was issued to the victim/respondent
no.2 who is present before this Court with her child, and is
represented by her Counsel Ms. Kannika.N.
4. Learned Counsel for respondent no.2 has no objection in
considering the application of the appellant-accused for release
on bail and she has also filed a memo indicating her no
objection for the said purpose.
5. Heard. Perused the records.
6. Notwithstanding the 'no objection' indicated by
respondent no.2, it is seen that charge sheet has already been
filed. The allegation is that the accused-appellant had
committed breach of promise to marry respondent no.2 and
had emotionally exploited her and she became pregnant of his
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child. Whether the accused had promised to marry and had
misused the circumstances is a matter which requires to be
adjudicated and determined after the trial. Since the charge
sheet is already filed and in the light of the circumstances
narrated above, more particularly the submission being made
on behalf of respondent no.2 by her Counsel, this Court deems
it appropriate to allow the appeal. Accordingly, the following
order:
(i) Criminal appeal is allowed.
(ii) The impugned order dated 06.02.2026 passed by the
Court of LXX Addl. City Civil & Sessions Judge & Spl. Judge,
Bengaluru, in Crl. Misc. No.114/2026 is set aside.
(iii) The appellant is directed to be enlarged on bail in
Crime No.313/2025 registered by Ashoknagar Police Station
registered for the offences punishable under Section 69 of
Bharatiya Nyaya Sanhita, 2023, Sections 3(1)(r), 3(1)(s) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, subject to the following conditions:
a) Appellant shall execute personal bond for a
sum of Rs.50,000/- with one surety for the likesum,
to the satisfaction of the jurisdictional Court;
b) The appellant shall appear regularly on all
the dates of hearing before the Trial Court unless
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the Trial Court exempts his appearance for valid
reasons;
c) The appellant shall not directly or indirectly
threaten or tamper with the prosecution witnesses;
d) The appellant shall not involve in similar
offences in future;
e) The appellant shall not leave the
jurisdiction of the Trial Court without permission of
the said Court until the case registered against him
is disposed off.
Sd/-
(M.G.S. KAMAL)
JUDGE
KK
