Karnataka High Court
Asif vs State Of Karnataka on 16 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:9263
CRL.P No. 15781 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 15781 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
ASIF
S/O. ABDULLA,
AGED ABOUT 42 YEARS,
R/AT: 3/147, KESARUGADDE,
BELUVAI POST, PADUMARNADU VILLAGE,
MOODABIDRI TALUK,
MANGALORE - 574 213.
...PETITIONER
(BY SRI. DHANANJAY KUMAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY D.K. WOMEN POLICE STATION,
REP BY SPP,
Digitally signed by HIGH COURT OF KARNATAKA,
LAKSHMINARAYANA
MURTHY RAJASHRI BANGALORE - 560 001.
Location: HIGH
COURT OF
KARNATAKA 2. SMT. SARITHA
AGED ABOUT 39 YEARS,
W/O GANESH,
R/AT SHREE SHAKTHI NILAYA,
OVERBRIDGE BHAT NAGARA,
THOKOTTU, ULLALA,
MANGALORE - 575 017.
...RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP FOR R1;
R2 - SERVED BUT UNREPRESENTED)
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NC: 2026:KHC:9263
CRL.P No. 15781 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS
PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.131/2024 REGISTERED BY THE D.K. WOMEN POLICE
STATION ON THE FILE OF VI ADDITIONAL DISTRICT AND
SESSIONS JUDGE, D.K., MANGALURU, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 64, 308(2) AND 351(2) OF
BNS, 2023 AND SECTION 67(A) OF INFORMATION
TECHNOLOGY ACT, 2000.
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 accused No.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.131/2024 of D.K. Women Police Station registered for offences punishable under Sections 64, 308(2) and 351(2) of Bharatiya Nyaya Sanhita, 2023 and Section 67(A) of Information Technology Act.
2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.
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NC: 2026:KHC:9263 CRL.P No. 15781 of 2025 HC-KAR
3. Learned counsel for petitioner would contend that, the victim lady had earlier filed complaint dated 22.01.2023 with regard to incident dated 21.01.2023 and case has been registered in Crime No.9/2023 of Ullal Police Station against the petitioner for offences under Sections 354(D), 509 and 447 of IPC. As per the said FIR, the petitioner was unknown to the victim lady as on 21.01.2023. The present complaint filed by the victim lady against the petitioner dated 12.12.2024 indicates that the petitioner is known to her and on 10.01.2023 he took her to a lodge and had sexual intercourse on her. The said incident dated 10.01.2023 took prior to 21.01.2023. The victim lady has not stated anything with regard to incident dated 10.01.2023 in the FIR registered in Crime No.9/2023 on 22.01.2023. Learned counsel for petitioner further contented that, in Crime No.9/2023, there is no allegation of sexual intercourse by this petitioner on 21.01.2023. The victim lady had filed several complaints against different persons. The petitioner who is stated to -4- NC: 2026:KHC:9263 CRL.P No. 15781 of 2025 HC-KAR have been involved in six (6) cases and has been acquitted in two (2) cases. Now, the charge sheet has been filed and therefore the petitioner is not required for further custodial interrogation. With these, he prayed to allow the petition.
4. Per contra, learned High Court Government Pleader for respondent No.1 would contend that, the petitioner is having criminal antecedents involved in nine (9) cases for offences under NDPS and POCSO Act. The victim lady in statement recorded under Section 183 of BNSS specifically stated the acts of this petitioner having sexual intercourse with the victim lady and recording the same and thereafter harassing the victim lady. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, she prayed for dismissal of the petition. -5-
NC: 2026:KHC:9263 CRL.P No. 15781 of 2025 HC-KAR
5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.
6. As per charge sheet, the incident has taken place on 10.01.2023 and on 24.11.2024. The petitioner alleged to have taken the victim lady on 10.01.2023 to a lodge and had forcible sexual intercourse on her and recording the same and subsequently by showing the said video, he extracted money from her and he has sent the recorded videos to C.W.3 and C.W.4. The complaint has been filed in the present case on 12.12.2024. Prior to that, the victim lady had filed a complaint on 22.01.2023 registered in Crime No.9/2023 of Ullal Police Station with regard to incident dated 21.01.2023. On perusal of the complaint of the said Crime No.9/2023, the petitioner was unknown to her as on 21.01.2023 and he was caught red handed when the petitioner has sought sexual favour and case was registered against him. The present incident alleged to have taken place on 10.01.2023 which is prior -6- NC: 2026:KHC:9263 CRL.P No. 15781 of 2025 HC-KAR to 21.01.2023. The victim lady has not mentioned with regard to the incident dated 10.01.2023 in her complaint registered in Crime No.9/2023 of Ullal Police Station. As per averments in the complaint, the incident has taken place in the house. But further statement of complainant indicates that it has taken place in a lodge. Considering the said aspects, whether the petitioner has committed the offences alleged against him is a matter of trial. As the charge sheet is filed, the petitioner is not required for further custodial interrogation.
7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following;
ORDER The Criminal Petition is allowed. The petitioner is granted bail in Crime No.131/2024 of D.K. Women Police Station, subject to following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees -7- NC: 2026:KHC:9263 CRL.P No. 15781 of 2025 HC-KAR One Lakh only) with one surety for the like-sum to the satisfaction of the Jurisdictional Court.
ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.
iv) The petitioner shall not involve in commission of any offence. If the petitioner found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 2 Sl No.: 5