IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 14945 OF 2025

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

BETWEEN:

1. NIRANJAN B R

S/O B S RAJASHEKHARAIAH,

AGED ABOUT 27 YEARS,

R/AT NO.34, RUDRA NILAYA,

GRUHALAKSHMI COLONY 1^ST STAGE,

BASAVESHVARANAGAR,

BENGALURU 560079.

…PETITIONER

(BY Smt.N PADMAVATHI.,ADVOCATE)

AND:

Digitally signed by

1. STATE OF KARNATAKA

LAKSHMINARAYANA

MURTHY RAJASHRI BY SUBRAHMANYANAGARA

Location: HIGH

POLICE STATION,

COURT OF

KARNATAKA REPRESENTED BY

STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA,

BENGALURU 560001.

…RESPONDENT

(BY Smt.WAHEEDA M M, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE ABOVE CASE IN CR.NO.112/2025 BY THE SUBRAMANYANAGAR P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 75, 78, 64, 351(2) READ WITH SECTION 3(5) OF BNS 2023 AND SECTION 66(E) OF THE I.T ACT 2000 PENDING ON THE FILE OF LEARNED XXXII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

The petition is filed by accused No.1 under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.112/2025 of Subrahmanya Nagar, Police Station registered for the offences punishable under Sections 75, 78, 64, 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 66E of Information Technology Act, 2000.

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

3. The learned counsel for petitioner would contend that, the victim girl is aged 22 years, and she had affair with the petitioner. The petitioner demanded the victim girl to marry her, and she refused, and filed a false complaint against the petitioner. The victim girl herself has booked a room in a hotel, and given her identity proof, and the same can be seen in the statement of receptionist of the Grand Coral Deluxe Rooms hotel. The alleged sexual intercourse between the petitioner and the victim girl is consensual. Whether the petitioner has committed the offences alleged is a matter of trial. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. With this, she prays to allow the petition.

4. Per contra, the learned High Court Government Pleader would submit that, the charge sheet material shows a prima facie case against the petitioner for the offences alleged against him. The petitioner has used the victim girl, and taken her to different hotels, and committed sexual intercourse on her. The statement of the victim girl has been recorded under Section 183 of the BNSS, wherein she has stated the acts of this petitioner.

With this, she prayed to reject the petition.

5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on the Court.

6. As per the charge sheet, the case of prosecution is that, the petitioner/accused No.1 came in contact with CW1 through Instagram and was following her. The victim girl even though stated that she is not interested in him, he fixed a GPS to her scooter, and subsequently he had forcible sexual intercourse on CW1 in a hotel, and recorded the said act in mobile. The victim girl is aged 22 years, and she is aware of consequences of her acts. Earlier the victim girl has given a complaint to the police on 22.04.2024, and the police issued acknowledgment wherein there is mention that the victim girl had love affair with the petitioner since four years, and as the attitude of the petitioner is not proper, she intended to keep him at a distance. Subsequently the victim girl has filed a complaint against the petitioner on 22.08.2025. In the said acknowledgment dated 22.05.2024, there is no allegation of any forcible act of this petitioner having forcible sexual intercourse on her. As the ch