- 1 - NC: 2025:KHC-K:1807 CRL.P No. 200512 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200512 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: AMARESH S/O BHIMAPPA, AGE:34 YEARS, OCC: COOLIE, R/O. PARAMPURA TANDA, TQ. LINGASUGUR, DIST. RAICHUR-584122. …PETITIONER (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, LINGASUGUR POLICE STATION, DIST.RAICHUR – 584122, R/BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI SIDDALING P. PATIL, ASSP) THIS CRL.P IS FILED U/S. 482 OF BNSS,2023 PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER/ ACCUSED NO.1 AND DIRECT THE LINGASUGUR P.S. POLICE TO RELEASE THE PETITIONER/ ACCUSED NO.1 ON BAIL IN THE EVENT OF HIS ARREST IN LINGASUGUR PS CRIME NO. 305/2024 FOR THE OFFENCES PUNISHABLE U/SECS. 115(2), 3(5), 351(2), 352, 49, 74, 75, AND 78 OF BNS-2023 PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT LINGASUGUR. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1807 CRL.P No. 200512 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. The petitioner who is arraigned as accused No.1 is before this Court seeking anticipatory bail in Crime No.305/2024 of respondent - Police Station for the offences punishable under Sections 115(2), 3(5), 351(2), 352, 49, 74, 75 and 78 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) pending on the file of the Principal Civil Judge (Jr.Dn) and JMFC Court, Lingasugur. Brief facts of the case: 2. It is the case of the prosecution that the victim is a married woman having four children. On 10.11.2024, the petitioner herein stated to have followed her and forced her for sexual favour and took different photos with her and also threatened her that he would show the photos to her husband and also he further threatened her that the said photos would be uploaded in the social media etc. Being afraid of the act of the petitioner, she lodged a - 3 - NC: 2025:KHC-K:1807 CRL.P No. 200512 of 2025 complaint before the respondent police. The respondent police have registered a case in Crime No.305/2024 for the offences stated supra. 3. Heard Sri.Shivanand V.Pattanashetti, learned counsel for the petitioner and Sri.Siddaling P.Patil, learned Additional State Public Prosecutor for the respondent – State. 4. It is the submission of the learned counsel for the petitioner that there is a delay in lodging the complaint. Though, the incident stated to have occurred on 10.11.2024, the complaint came to be registered on 15.11.2024. The alleged offences is neither punishable with death nor imprisonment for life. The petitioner is a permanent resident of Parampura Tanda, Lingasugur and is aged about 34 years. He is working as a coolie and his family is depending on his income and he will abide the conditions imposed by this Court in the event of his release on anticipatory bail. Hence, he prays to allow the petition. 5. Per contra, the learned Additional State Public Prosecutor for the respondent - State vehemently opposed the said submissions and he further submitted that act of the - 4 - NC: 2025:KHC-K:1807 CRL.P No. 200512 of 2025 petitioner is heinous in nature and he has threatened the complainant / victim in one or the other pretext and also induced and demanding her to have sexual favour. He also further took the obscene photographs and uploaded the photographs in the social media in order to outrage her modesty. Therefore, it is not appropriate to grant him anticipatory bail. If anticipatory bail is granted, it would give a wrong message to society at large. Moreover, the act of the petitioner in outraging the modesty of woman would be viewed seriously in order to overcome the moral deterioration of the society. Therefore, anticipatory bail may be rejected. 6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears that the incident stated to have taken place on 10.11.2024 at 2.00 p.m. The complaint came to be registered on 15.11.2024 at 6.00 p.m. Though she made certain allegations against the petitioner, the fact remains that, she has not filed the case on the same day i.e., on 10.11.2024 to show her promptness or bonafides. The averments of the complaint further discloses that she has - 5 - NC: 2025:KHC-K:1807 CRL.P No. 200512 of 2025 not informed to her family members. The delay in disclosing the fact to her family members and also the delay in lodging the complaint, certainly, would impact on the case of the prosecution. Therefore, without adverting to the merit of the case, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 7. Hence, I proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.305/2025 registered by respondent police for the offences punishable under Sections 115(2), 3(5), 351(2), 352, 49, 74, 75 and 78 of BNS, 2023 pending on the file of the Principal Civil Judge (Jr.Dn) and JMFC Court, Lingasugur, Yadagir, subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the jurisdiction police. - 6 - NC: 2025:KHC-K:1807 CRL.P No. 200512 of 2025 (ii) The petitioner shall appear before the respondent police within one month from today to execute the bond and also the surety. (iii) The petitioner shall appear before the respondent police on fortnightly Saturday between 10.00 a.m to 2.00 p.m and he has to affix his signature till filing of the charge sheet. (iv) The petitioner shall not threaten or tamper the prosecution witnesses. (v) The petitioner shall not commit similar offences till disposal of the case. (vi) The petitioner shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 17 CT:PK