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2025 DAILYLAW 10913 (KAR)

RAMESH v. THE STATE OF KARNATAKA

CRL.P/200814/2025 · 2025-05-15

Rajesh Rai K

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2728 CRL.P No. 200814 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200814/2025 (438(Cr.PC)/482(BNSS)) BETWEEN: RAMESH S/O BALLAPPA, AGE: 37 YEARS, OCC: HGM EMPLOYEE, R/O H.NO. E/36, GANDHI MAIDAN, MADINAPUR, TALUKA HUTTI, TALUKA LINGASUGUR, DIST. RAICHUR. …PETITIONER (BY SRI MAHANTESH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ADDL. SPP KALABURAGI BENCH, (THROUGH HUTTI P.S., DIST. RAICHUR)-585 102. 2. SMT. LAKSHMI W/O SELVARAJ, AGE: 31 YEARS, OCC: HOUSEWIFE, R/O HIRENAGANUR VILLAGE, NOW AT DOTARABANDI, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2728 CRL.P No. 200814 of 2025 RAICHUR, DIST. RAICHUR-584 123. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; R2-SERVED) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C(OLD)U/SEC 482 OF BNSS, PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE HUTTI P.S. TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.25/2025 OF HUTTI P.S. FOR OFFENCES PUNISHABLE U/SECS. 351(2), 64(2/MA) BNS 2023, PENDING ON THE FILE OF SR. CIVIL JUDGE AND JMFC Court, LINGASUGUR, RAICHUR DISTRICT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) 1. This petition is filed under Section 482 of BNSS- 2023, for grant of anticipatory bail to the sole accused in Crime No.25/2025 dated 01.02.2025 registered by the Hutti Police Station, Raichur District, for the offences punishable under Sections 351(2), 64(2)(m) of BNS-2023. 2. The factual matrix of the case are that the victim in this case is a married woman, aged about 31 years, got - 3 - NC: 2025:KHC-K:2728 CRL.P No. 200814 of 2025 two children aged about 11 years and 9 years and was residing with her husband and children at Hirenaganur Village. The petitioner/accused was the friend of the husband of the victim, used to visit the house of the victim oftenly. It is alleged that on 15.08.2024 the accused visited house of the victim along with her husband and her husband was in a drunken condition, at that time victim was taking bath and the accused recorded her nude pictures. Thereafter, on 20.08.2024 the accused once again visited the house of the complainant and by showing her nude pictures he blackmailed and forced her for sexual favour and committed rape on her. He continued such acts on several occasions by blackmailing her by showing nude pictures of her. Hence, finally after lapse of four months, on 01.02.2024 she lodged the complaint against the accused, which registered in Crime No.25/2025 as stated supra. Since from the date of registration of FIR, the respondent/police are making hectic attempts to arrest the petitioner. As such, he approached the learned Sessions Judge Raichur for grant of anticipatory bail in Crl.Misc. - 4 - NC: 2025:KHC-K:2728 CRL.P No. 200814 of 2025 No.5138/2025. The same has been dismissed vide order dated 25.04.2025. Hence, the present petition. 3. I have heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent-State, so also the learned counsel appearing for respondent No.2 – victim through the learned High Court Government Pleader and carefully perused the material available on record. 4. It could be gathered from records that initially the alleged incident has been taken place on 15.08.2024. The victim was aged about 31 years and she is residing along with her husband and children. It is the case of the victim that while her husband was in the house, the accused took her nude pictures and thereafter by blackmailing her he committed sexual act on her when she was alone in the house. However, for a period of six months she has not lodged any complaint. In such circumstances, without expressing any opinion on the merits of the case, it is suffice to hold that the petitioner to be granted anticipatory on bail - 5 - NC: 2025:KHC-K:2728 CRL.P No. 200814 of 2025 by imposing certain conditions. Accordingly, the petition deserves to be allowed. Hence, the following: ORDER The petition is Allowed. The petitioner shall be released in the event of his arrest in Crime No.25/2025 of Hutti Police Station, subject to the following conditions: a) He shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only), with one surety for the likesum. b) He shall appear before the Investigation Officer whenever necessary for the purpose of investigation and shall co-operate with the investigation of the case. c) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. d) He shall not tamper with the prosecution witnesses either directly or indirectly. - 6 - NC: 2025:KHC-K:2728 CRL.P No. 200814 of 2025 e) He shall be regular in attending the Court proceedings. f) He shall not indulge in any criminal activities. g) He shall not threaten the victim/complainant and her family members. If any of the above conditions are violated, prosecution or the first informant are at liberty to move for cancellation of bail. Sd/- (RAJESH RAI K) JUDGE SBS List No.: 1 Sl No.: 14 CT: AK