IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3892 OF 2025 BETWEEN:

GUMMADI RAMAKRISHNA AGED ABOUT 28 YEARS S/O.GUMMADI V.S.R.S.V.N.MURTHY RESIDING AT FLAT NO.101 SHOLINGA SPRING FIELDS

1ST CROSS ROAD VENKATESHWARA LAYOUT LAXMI SAGAR LAYOUT DODDANEKKUNDI BENGALURU - 560 048 WORKING AT SAMSUNG SEMICONDUCTOR INDIA RESEARCH, BAGAMANE GOLDSTONE, CHINAPPA LAYOUT, LAXMI SAGAR LAYOUT MAHADEVAPURA, BENGALURU KARNATAKA - 560 048.

…PETITIONER (BY SRI D. MANJUNATH, ADV.)

Digitally signed by NANDINI MS AND:

Location:

HIGH COURT OF STATE OF KARNATAKA KARNATAKA REPRESENTED BY HENNUR POLICE STATION, BANGALORE CITY, REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 01.

…RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS)

PRAYING TO ENLARGED ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.622/2024, REGISTERED BY THE HENNUR POLICE BEFORE THE 11TH A.C.J.M MAYO HALL BENGALURU CITY FOR THE ALLEGED O/P/U/S 81 AND 69 OF BNS ACT IN CASE OF HIS ARREST ON SUCH TERMS AND CONDITIONS.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused in Crime No.622/2024 registered by Hennur Police Station, Bengaluru, for offences punishable under Sections 81 and 69 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this court under section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.622/2024 was registered by Hennur Police Station, Bengaluru, initially for the offence punishable under Section 81 of BNS against the petitioner on the basis of the first information dated 21.12.2024 received from the victim lady aged about 30 years, who is said to be a software engineer. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.763/2025 before the jurisdictional Sessions Court which was rejected on 07.02.2025.

Therefore, the petitioner is before this court.

4. Learned counsel for the petitioners submits that offence punishable under Section 81 of BNS does not get attracted against the petitioner and subsequently, the Investigating Officer has invoked the offence punishable under Section 69 of BNS against the petitioner. Petitioner is a engineer by profession. He is ready and wiling to co-operate with the police for the purpose of investigation. Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader has opposed the petition.

6. Perusal of the material on record would go to show that petitioner is a engineer working in Samsung Company at Mahadevapura, Bengaluru and the victim lady who is also a engineer, working in the very same company. It appears that they got acquainted to each other in the year 2022 and thereafter, they were loving each other. Allegation now made in the first information against the petitioner is that, with a promise to marry the victim lady he had sexual intercourse with her and thereafter, subsequently he refused to marry her and on the other hand, his marriage engagement was performed with another girl. From perusal of the first information, it is apparent that petitioner and the victim lady were in consensual relationship for a considerable period of about two years. Allegation now made against the petitioner is that he had sexual intercourse with the victim lady with a promise to marry her. Considering the nature of allegations found against the petitioner in first information and the relationship which victim lady and the petitioner shared for a considerable period of nearly two years, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:-

ORDER

The petition is allowed.

The respondent - police or any other police in the state