- 1 - NC: 2025:KHC-K:2727 CRL.P No. 200817 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.200817 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: BUDDISAGAR S/O DASHRATHRAO KAMBLE, AGE: 33 YEARS, OCC: COLLECTION OFFICER AT SURYODAYA FINANCE, R/O LUMBINI NAGAR, NOUBAD, BIDAR-585 104. …PETITIONER (BY SRI SANGOLI NAGANNA, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH HUMNABAD POLICE STATION, TALUKA HUMNABAD, DISTRICT BIDAR, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2727 CRL.P No. 200817 of 2025 2. SMT. ASHWINI D/O DAYANAND SHARMA, AGE: 27 YEARS, OCC: TEACHER, R/O BOUDH NAGA, CHITGUPPA TALUKA, CHITGUPPA, DISTRICT BIDAR-585 412. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; R2-SERVED, UN-REPRESENTED) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD) / UNDER/SECTION 483 OF BNSS (NEW), PRAYING TO ALLOW THE BAIL PETITION AND THERE BY ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.34/2025 REGISTERED BY THE RESPONDENT POLICE IN HUMNABAD POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 49, 64(2)(M), 69 R/W SECTION 3(5) OF BNSS- 2023, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC COURT HUMNABAD AGAINST THE ACCUSED/PETITIONER. 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 by accused No.1, filed under Section 483 of BNSS, 2023, for grant of regular bail in Crime No.34/2025 dated 25.02.2025 registered by the Humnabad Police Station, Bidar District, for the offences punishable - 3 - NC: 2025:KHC-K:2727 CRL.P No. 200817 of 2025 under Sections 3(5), 49, 69, 64(2)(m) of Bharatiya Nyaya Sanhita (BNS), 2023. 2. The brief facts of the case of the prosecution is as under: In the year of 2014 the complainant while appearing D.Ed examination at Devaraj Aras College, Bidar, she came into contact with petitioner and they were speaking, chatting together for some days and one day he proposed the complainant that, he loving her and wants to marry her, thereafter they are meeting together on many occasions. During that period the petitioner taking her to lodge and evenafter denying for physical contact, he forcibly contacted with her physical relation. Further when she was working as Asst. Teacher in different schools, the petitioner has not doing any work, she given financial assistance to him, further she searched a job for him at Sarvodaya Bank and he appointed as Collection Officer, he took rented room at Teachers Colony, he often taking the complainant to his room and committing forcibly sexual - 4 - NC: 2025:KHC-K:2727 CRL.P No. 200817 of 2025 relation by assuring that, he would marry her. It is submitted that further on strong enquiry he assuring to be marry with her after his sister's marriage but even after the marriage of his sister he denied to marry her, later the complainant approached his parents and others to have marriage with him, but they denied for the same. On 11.02.2025 accused No.1 taken her to Manik Nagar Temple and stated that, his family members are not agreed for their marriage, he stated that, they should die and took some tablet in the water bottle and given her to drink, she drunk as per say of accused No.1, further he taken her to Humnabad Hospital, further BRIMS for further treatment. The parents of the petitioner and others went to the Hospital given assurance that they will perform her marriage with the petitioner and not to file any complaint, but they have failed to perform their marriage. Hence, the victim lodged complaint to the respondent-Police. - 5 - NC: 2025:KHC-K:2727 CRL.P No. 200817 of 2025 3. On the strength of the complaint lodged by the victim, FIR came to be registered against the petitioner and others in Crime No.34/2025 for the offences as stated supra. Subsequently, the petitioner/accused was arrested on 21.03.2025 and ever-since, he is in judicial custody. Hence, he preferred regular bail petition before the II Additional District and Sessions Judge, Bidar, sitting at Humnabad/Basavakalyan in Crl.Misc. No.5074/2025. However, the said bail petition came to be dismissed vide order dated 15.04.2025. Hence, the present petition. 4. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 5. It could be gathered from records, the victim- complainant is aged about 27 years and according to her, herself and accused were sexually active since 2014. Further, the other allegations that the accused committed forcible sexual act, prima facie, the prosecution failed to place any material evidence. In such circumstances, without expressing any opinion on the merits of the case, it is suffice - 6 - NC: 2025:KHC-K:2727 CRL.P No. 200817 of 2025 to hold that the petitioner is entitled for regular 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.34/2025 pending on the file of the Court of the II Additional District and Sessions Judge, Bidar, sitting at Basavakalyan/Humnabad, for the offences punishable under Sections 3(5), 49, 69, 64(2)(m) of Bharatiya Nyaya Sanhita (BNS), 2023, on the following conditions: i) The petitioner shall execute 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 - 7 - NC: 2025:KHC-K:2727 CRL.P No. 200817 of 2025 10:00 a.m., and 05:00 p.m., before the Investigating Officer or before the jurisdictional Court. 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 SBS List No.: 1 Sl No.: 17 CT: AK