- 1 - NC: 2025:KHC:4740 CRL.P No. 255 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 255 OF 2025 BETWEEN: MR. GAUTHAM, S/O RAMESHA, AGED ABOUT 25 YEARS, R/AT HULLEMANE KUNDUR VILLAGE, MUDIGERE TALUK, CHIKAMAGALURU DISTRICT - 577 132. …PETITIONER (BY SRI. RENSPRE PRITHESH DSOUZA, ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY MUDIGERE POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.107/2021 FOR THE OFFENCE P/US/ 506, 504, 376, 323, 450 OF IPC ARISING OUT OF CRIME NO.73/2021 OF MUDIGERE P.S., PENDING ON THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4740 CRL.P No. 255 of 2025 FILE OF THE PRINCIPAL CIVIL JUDGE (JR.Dn.) AND JMFC MUDIGERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner has preferred this petition, praying to enlarge him on bail in Crime No.73/2021 of Mudigere Police Station, Chikkamagaluru, pending on the file of the Court of I Additional Sessions and Special Judge at Chikkamagaluur, in S.C.NO.107/2021. 3. It is the case of prosecution that, accused is the grand son of complainant Subhadramma. On 17.04.2021 at about 10:30 p.m., when the complainant was sleeping in her house at No.424 of Kunduru village, Mudigere Taluq, accused trespassed into the house by removing the - 3 - NC: 2025:KHC:4740 CRL.P No. 255 of 2025 tiles of the roof, gagged her with a cloth and saying that she is always abusing him and his mother, bit her right arm and committed forcible sexual intercourse. When the complainant shouted, accused ran away through the main door of the house. 4. Learned counsel for petitioner has contended that the complainant died a natural death subsequent to the registration of case and therefore, prosecution case rests on circumstantial evidence. The material witnesses examined before the Trial Court have not supported the case. There is no question of influencing or tampering those witnesses. Petitioner is in judicial custody since 20.04.2021, i.e., for about 3 years 7 months. His detention is nothing but a pre trial conviction. He has therefore, sought to allow the petition. 5. Learned High Court Government Pleader has contended that the offence committed is heinous in nature and the learned Sessions Judge having considered the entire facts and circumstances, has rejected the prayer for - 4 - NC: 2025:KHC:4740 CRL.P No. 255 of 2025 bail on two occasions. The Trial is at the fag end and therefore, at this stage if the petitioner is released on bail, he may flee from justice. 6. Case of the prosecution is that accused committed forcible sexual intercourse with his own grand mother, aged 79 years. Admittedly, the trial is at the fag end. It is submitted that the case is posted for arguments. The learned Sessions Judge while dismissing the bail petition vide order dated 20.11.2024, has taken into consideration the gravity of offence committed and also the evidence adduced by PWs.6 and 7. The contention of the accused that all the witnesses examined by the prosecution have turned hostile and not supported the case of prosecution was rejected. Considering the nature of offence and that the trial is at the fag end, I am of the considered view that this is not a fit case to enlarge the petitioner on bail. The evidence of the prosecution witnesses can not be appreciated in this petition. No view can be expressed on the merits of the case, since, any - 5 - NC: 2025:KHC:4740 CRL.P No. 255 of 2025 observations made, may prejudice both the parties. Petition is dismissed. 7. Observations made by the learned Sessions Judge and this Court, touching the merits of the case, if any, shall not influence the trial of the case and its outcome, in any manner. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 23 CT: BHK