Harish Kumar T.L vs State Of Karnataka & Ors

Shivashankar Amarannavar, J

This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in S.C.No.127/2025 arising out of Crime No.49/2025 of Sringeri Police Station pending on the file of Principal District and Sessions Judge, Chikkamagaluru registered for offences punishable under Sections 69, 318(4), 351(2) of BNS.

Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State.

Learned counsel for the petitioner would contend that sexual intercourse between petitioner and the victim girl is consensual. The alleged gold given by the victim to the petitioner is on the next morning of the alleged sexual intercourse. The victim girl is aged 32 years. The statement of the victim has been recorded under Section 183 of BNSS and there is no allegation of any forcible sexual intercourse and there is no refusal by this petitioner to marry the victim girl. The gold sold by the petitioner has been seized from the jewelry shop and it has been returned to the victim. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prays to allow the petition.

Per contra, and learned Additional SPP for the respondent -State would contend that the petitioner under the promise of marriage had sexual intercourse with the victim girl and induced her to give her gold ornaments and received gold ornaments. Thereafter, he switched off his phone and did not contact the victim girl. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. The statement of the victim girl has been recorded under Section 183 of BNSS. If the petitioner is granted bail, there are chances of he threatening the victim and other prosecution witnesses. With this, he prayed to reject the petition.

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

As per charge sheet, the case of the prosecution is that the victim girl came in contact with the petitioner through matrimonial app, went to her house and talked regarding the marriage. Thereafter, the petitioner asked the victim girl to come to Sringeri and took her to lodge and promised her that he will marry her and had sexual intercourse 2 to 3 times and asked her to give gold as he is in financial difficulty and took gold ornaments and thereafter, he switched off his phone and not returned the gold to the victim. The victim girl is aged 32 years. The petitioner is aged 34 years. The victim girl in her statement recorded under Section 183 of BNSS has not alleged any forcible sexual intercourse by this petitioner on her. The said statement does not contain any statement regarding petitioner refusing to marry the victim. During investigation, the Investigating Officer has been seized the gold from the jewelry shop and it has been returned to the complainant. The petitioner is in judicial custody since 18.07.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. Considering the above aspect, the petitioner has made out case for grant of bail with conditions.

7.In the result, the following

ORDER

i) The petition is allowed.

ii) The petitioner is granted bail in S.C.No.127/2025 arising out of Crime No.49/2025 of Sringeri Police Station pending on the file of Principal District and Sessions Judge, Chikkamagaluru registered for offences punishable under Sections 69, 318(4), 351(2) of BNS subject to following conditions:

a) The petitioner -accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court.

b) The petitioner -accused shall not tamper the prosecution witnesses either directly or indirectly.

c) The petitioner -accused shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.