IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 15786 OF 2025

[(439(Cr.PC) / 483(BNSS)]

BETWEEN:

MR. ABHISHEK ACHARYA

S/ORAGHAVENDRA ACHARYA,

AGED ABOUT 29 YEARS,

R/AT: NO 2-124 BEEDU HOUSE,

GOVT. COLLEGE ROAD,PALILMAR,

UDUPI - 574 112.

…PETITIONER

(BY SRI. V LAKSHMIKANTH RAO, ADVOCATE)

AND:

STATE OF KARNATAKA

BY MARATHAHALLI POLISE STATION, REP BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA COURT COMPLEX,

Digitally signed by BENGALURU - 560 001.

LAKSHMINARA YANA …RESPONDENT MURTHY RAJASHRI

Location: HIGH

COURT OF (BY SMT. RASHMI PATEL, HCGP)

KARNATAKA

THIS CRL.P. IS FILED UNDER SECTION 439 CR.PC (FILED

UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.554/2025 OF MARATHAHALLI POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 69 OF BNS ACT, PENDING

BEFORE THE XXIX ADDITIONAL CMM, BENGALURU.

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 sole accused under Section

483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.554/2025 of Marathahalli Police Station, registered for offence punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023.

2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent -

State.

3. Learned counsel for petitioner would contend that, the petitioner and the victim lady were classmates and subsequently, there was affair between them. The alleged sexual intercourse between the petitioner and the victim lady is consensual. The victim lady is aged twenty nine (29) years and she is of the age of understanding the consequences of her acts. The victim lady only to break the engagement of the petitioner with some other lady, filed a complaint. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner is in judicial custody since 24.10.2025. The petitioner is ready to co-operate with the Investigating Officer for further investigation if any. There are no criminal antecedents of the petitioner.

With these, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for respondent would contend that, the statement of the victim lady has been recorded under Section 183 of BNSS wherein, she has specifically stated the acts of petitioner promising to marry her and having sexual intercourse with her and subsequently not keeping up his promise and fixing of his engagement with some other lady. The medical records indicate that, the hymen of the victim lady is absent. The case is still under investigation.

With these, she prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for the parties, the Court has perused the FIR, complaint and other materials placed on record.

6. The victim lady has filed a complaint. Based on which, the case has been registered against the petitioner for offence under Section 69 of BNS. The averments of the complaint indicate that, the petitioner and the victim lady were classmates. Subsequently, the petitioner and victim lady came in contact and they were working in Bengaluru and they had a physical relationship. It is alleged that, the petitioner under the promise of marriage had sexual intercourse with the victim lady and subsequently, he did not keep up his promise and his marriage engagement has been done with some other lady. The victim lady is aged twenty nine (29) years. The alleged sexual intercourse between the petitioner and victim lady is consensual. Whether the petitioner had made a promise and under the promise of marriage he had a sexual intercourse and subsequently, cheating her is a matter of investigation and trial. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner is in judicial custody si