- 1 - NC: 2025:KHC-K:2732 CRL.P No. 200848 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.200848 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: JAGADISH @ JAKKAPPA S/O MALAKAPPA SARWAD, AGE: 36 YEARS, OCC: PVT. EMPLOYEE, R/OPANCHASHILANAGAR, TQ. INDI, DIST. VIJAYAPURA. …PETITIONER (BY SRI. MANJUNATH GINNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH INDI P.S., INDI, DIST. VIJAYAPURA, THROUGH ADDTIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH. 2. AMRUTA D/O DHANYAKUMAR AGARKHED, AGE: 27 YEARS, OCC: BANK EMPLOYEE, R/O INDIRA NAGAR, TQ. INDI, DIST. VIJAYAPURA-586 100. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2732 CRL.P No. 200848 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (OLD) U/SEC 483 OF BNSS, PRAYING TO ALLOW THE BAIL PETITION AND RELEASE THE ACCUSED NO.1 PETITIONER ON REGULAR BAIL IN CRIME NO: 16/2025 INDI PATICE STATION PENDING BEFORE THE III ADDL. DISTRICT AND SESSIONS JUDGE, VIJAYAPURA FOR THE OFFENCES PUNISHABLE 64, 115(2), 118(1), 352, 351(2) OF BNS-2023 AND U/SEC. 66(E) OF INFORMATION TECHNOLOGY ACT-2008. 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) This petition under Section 483 of BNSS, 2023 seeking grant of regular bail in Crime No.16/2025 registered by the Indi Police Station, against the petitioner for the offence punishable under Sections 64, 115(2), 118(1), 352, 351(2) of BNS 2023 and Section 66(E) of Information Technology Act, 2008. 2. The brief facts of the case are that, the complainant/respondent No.2 has filed a complaint on 06.03.2025 stating that, herself and petitioner are staffs of Vrushbhnath Alpasankhyathara Sahakari Sangh, Indi. That - 3 - NC: 2025:KHC-K:2732 CRL.P No. 200848 of 2025 petitioner took her mobile number, developed closeness, thereafter started threatening her to love him, if not he would commit suicide and also made her to sent her naked pictures to his whats-app. Further, one year ago petitioner and his wife/accused No.2 threatened her if she not come to their house they will circulate her pictures. When the complainant had been to their house, at that time accused No.2 went outside by closing the door of house and petitioner herein had forcible sex with her, thereafter also, he has committed rape on her 3-4 times in his house, and also assaulted her. Further, the petitioner took her forcible to the washroom and had sexual intercourse with her. That petitioner took her signature on an empty bond paper by threatening her and also threatened her to write a death note that her parents and her family members would be responsible for her death. Hence, the complainant filed the complaint. On the strength of the said complaint, FIR came to be registered by the Indi Police Station in Crime No.16/2025 for the offence punishable under Sections 64, 115(2), 118(1), 352, - 4 - NC: 2025:KHC-K:2732 CRL.P No. 200848 of 2025 351(2) of BNS 2023 and Section 66(E) of Information Technology Act, 2008. The accused was arrested on 08.03.2025. Ever since he is in judicial custody. Aggrieved by the same, he approached the learned III Addl. District and Sessions Judge, Vijayapura, in Crl.Misc.No.453/2025 seeking for grant of bail and the same has been dismissed. Hence, the present bail petition is filed. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State. 4. On careful perusal the entire material placed on record, it could be gathered that the victim is aged about 27 years at the time of incident and according to her they both were sexually active ever since from 2022 and she lodged the complaint after lapse of three years i.e., in the year 2025. In such circumstances, without expressing any opinion regarding merits of the case suffice to hold that - 5 - NC: 2025:KHC-K:2732 CRL.P No. 200848 of 2025 the petitioner may be enlarged on bail. Accordingly, the petition deserves to be allowed. Hence, the following: ORDER The petition filed under Section 483 of BNSS 2023, is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in connection with Crime No.16/2025 registered by the Indi Police Station, against the petitioner for the offence punishable under Sections 64, 115(2), 118(1), 352, 351(2) of BNS 2023 and Section 66(E) of Information Technology Act, 2008, on the following conditions: i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the likesum to the satisfaction of the jurisdictional Court. ii) The petitioner shall mark his attendance once in a week on every Sunday between 10:00 a.m., and 05:00 p.m., before the Investigating Officer or before the jurisdictional Court. - 6 - NC: 2025:KHC-K:2732 CRL.P No. 200848 of 2025 iii) The petitioner shall not tamper with the prosecution witnesses or prevail upon the prosecution witnesses in any manner. iv) The petitioner shall attend the jurisdiction court regularly on all dates of hearing and shall cooperate with the investigation authority. v) The petitioner shall not leave the jurisdiction of the trial Court without its prior permission. Sd/- (RAJESH RAI K) JUDGE MSR List No.: 1 Sl No.: 24 CT: AK