- 1 - NC: 2025:KHC-K:2194 CRL.P No. 201458 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.201458 OF 2024 (439(Cr.PC)/483(BNSS)) BETWEEN: ABHISHEK S/O SOMAPPA SAJJAN, AGE:20 YEARS, OCC: STUDENT, R/O. MASABINAL VILLAGE, TQ.B. BAGEWADI, DIST. VIJAYAPURA-586 101. …PETITIONER (BY SRI VISHAL PRATAP SINGH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH MANGULI PS, VIJAYAPURA, REPRESENTED ADDITONAL SPP, HIGH COURT KALABURAGI BENCH, KALABURAGI-585 103. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD) U/S 483 OF BNSS (NEW) PRAYING TO WHEREFORE THE PETITIONER - ARRAIGNED AS ACCUSED NO. 1 IN CRIME No.44/2024 REGISTERED BY THE MANGULI POLICE STATION, VIJAYAPURA AND CHARGED WITH OFFENCES PUNISHABLE U/SEC 376(D), 292, 504, 506 AND 323 OF THE IPC, PENDING BEFORE SENIOR CIVIL JUDGE AND JMFC B.BAGEWADI, DIST: VIJAYAPURA MOST RESPECTFULLY AND HUMBLY PRAYS THIS HON’BLE COURT TO GRANT THE RELIEF OF REGULAR BAIL. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2194 CRL.P No. 201458 of 2024 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) This petition is filed by the petitioner/accused No.1 seeking for regular bail in Crime No.44/2024, registered by the Managuli Police Station, Vijayapur, for the offences punishable under Sections 376(D), 292, 504, 506 and 323 of the Indian Penal Code, 1860 and under Sections 67 and 67(A) of the Information Technology Act, 2000. 2. It is the case of the prosecution that a complaint came to be registered by the complainant, who is the mother of the victim stating that, she had seen obscene videos of her daughter in the social media, in which her daughter had indulged in sexual activities with accused No.1. In the said video, her daughter was involved in sexual intercourse with accused No.1. After having seen the said video, she lodged the complaint - 3 - NC: 2025:KHC-K:2194 CRL.P No. 201458 of 2024 before the respondent – police. During the course of investigation, the police came to know that accused Nos.1 and 2 have uploaded the videos of the daughter of the complainant in the social media in order to bring down her reputation. The investigation of the case is under progress. 3. Heard Sri Vishal Pratap Singh, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent - State. 4. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of the alleged offences and he is aged about 20 years. The victim is aged about 30 years and she is having three children. She voluntarily indulged in sexual activities. However, accused No.2 circulated the said videos in the social media. After coming to know about the said circulation of the videos, the complainant lodged a complaint stating that her daughter had been raped by the accused persons. The alleged incident stated to have taken place in the month of - 4 - NC: 2025:KHC-K:2194 CRL.P No. 201458 of 2024 February, 2024 and the complaint came to be registered on 27.04.2024. 5. It is further submitted that the victim did not lodge a complaint, who involved in the sexual activities with accused No.1. Merely, the complainant happened to be the mother of the victim, lodges a complaint stating that the victim had been subjected to rape, that would not sufficient to say that the petitioner had committed rape. Hence, the petitioner may be enlarged on bail. Making such submissions, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently submitted that the act committed by the accused persons is heinous in nature and they have circulated the videos of sexual activities committed with the victim in order to defame the dignity of the victim. Therefore, the petitioner is not entitled for any relief. 7. Having heard the learned counsel for the respective parties and also perused the complaint, the complainant is the mother of the victim. The victim had - 5 - NC: 2025:KHC-K:2194 CRL.P No. 201458 of 2024 married one Mallikarjun Irannavar and she was staying along with her husband. The victim stated to have indulged in sexual activities with accused No.1. The accused No.2 stated to have recorded the said sexual activities in his mobile and circulated the said videos through social media. As such, the complainant came to know that her daughter had been raped by accused No.1. 8. Be that as it may, the victim being aged lady, has not lodged a complaint in respect of the said incident. Having considered the facts and circumstances of the case, without mentioning the merit of the case, I am of the considered opinion that the petitioner has made out a case to grant him bail. Hence, I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner is enlarged on bail in Crime No.44/2024, registered by the Managuli Police Station, Vijayapur, for the offences punishable under Sections 376(D), 292, 504, 506 and 323 of the Indian Penal Code, - 6 - NC: 2025:KHC-K:2194 CRL.P No. 201458 of 2024 1860 and under Sections 67 and 67(A) of the Information Technology Act, 2000, on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a) The petitioner shall not threaten or tamper the prosecution witnesses. b) The petitioner shall appear before the Trial Court on all hearing dates without fail. c) The petitioner shall not involve in any other criminal cases or such similar cases in future till disposal of the present case. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 21 CT:PK