IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.14906 OF 2025 BETWEEN:

SHRI ANIL KUMAR S/O. NARAYANASWAMY AGED ABOUT 28 YEARS R/AT ARIKERE VILLAGE, KASABA HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT-563 135 …PETITIONER (BY SRI RAJASHEKARA R. V, ADVOCATE)

AND:

STATE OF KARNATAKA BY CHINTAMANI TOWN POLICE CHIKKABALLAPURA DISTRICT-563 125 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 Digitally signed by LAKSHMINARAY ANA …RESPONDENT MURTHY RAJASHRI Location: HIGH (BY SMT. RASHMI PATEL, H.C.G.P.)

COURT OF KARNATAKA THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 (FILED U/S.482 BNSS) CR.P.C. PRAYING TO RELEASE HIM ON BAIL, IN THE EVENT OF HIS ARREST IN CRIME NO.180/2025 FOR ALLEGED OFFENCE P/U/S 64, 69, 126(2), 351(2) AND 352 R/W SEC.3(5) OF BNS 2023 OF CHINTHAMANI TOWN POLICE, CHIKKABALLAPURA DISTRICT PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN.) AND JMFC AT CHINTAMANI, CHIKKABALLAPURA DISTRICT.

THIS CRIMINAL PETITION IS 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 accused No.1 under Section

482 of the Bharathiya Nagarik Suraksha Sanhitha, 2023 praying to grant bail in Crime No.180/2025 of Chintamani Town Police Station, registered for offences punishable under Sections 64, 69, 126(2), 351(2), 352 r/w. 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/state.

3. The learned counsel for petitioner would contend that the victim is aged 21 years. The alleged sexual intercourse between the petitioner and the victim lady is a consensual. The petitioner is working as a staff on contract basis in the hospital. The petitioner is ready to co- operate with the police in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. Offences alleged against the petitioner are not punishable either with death or imprisonment otherwise. With this, he seeks to allow the petition.

4. Per contra, learned HCGP would contend that the petitioner is working as a staff in the hospital and when victim was visiting the said hospital for treatment of her mother, this petitioner has committed sexual intercourse on her and also committed sexual intercourse on different days several times. The medical examination report indicate no recent signs of sexual intercourse and her hymen is not intact. The statement of the victim has been recorded under Section 183 of BNS, wherein she has stated the acts of this petitioner and she become pregnant three times and petitioner giving her pills for abortion. The matter is under investigation. If the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses. With this, she prayed to reject the petition.

5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record.

6. On perusal of the averments of the complaint, age of the victim is 21 years. The victim and the petitioner came in contact in the hospital when victim came for treatment of her mother. That the petitioner alleged to have committed sexual intercourse on the victim girl and on she becoming pregnant, the petitioner is stated to have given pills for abortion. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. It is contented that the alleged sexual intercourse between petitioner and the victim lady are consensual. The petitioner is ready to co- operate with the police investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner.

7. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions.

8. In the result, the following ORDER