- 1 - NC: 2025:KHC:6832 CRL.P No. 1219 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1219 OF 2025 (438(Cr.P.C) / 482(BNSS)) BETWEEN: TAVARAYA NAIK O. B., S/O ONKARA NAIK, AGED ABOUT 37 YEARS, R/O RAGIKOPPA THANDA, SHIKARIPURA TALUK, SHIVAMOGGA - 577 428. …PETITIONER (BY SRI.ADITYA D., ADVOCATE) AND: STATE OF KARNATAKA BY SHIRALAKOPPA PS, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI.RANGASWAMY, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.0245/2024 BEFORE THE IN THE ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, SHIKARIPURA FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 75, 76, 352, 115(2), 351(2), 190 OF BHARATIYA NYAYA SANHITA, 2023. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6832 CRL.P No. 1219 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Instant petition is preferred by accused No.1 praying to enlarge him on anticipatory bail in Crime No.245/2024 of Shiralakoppa Police Station, Shivamogga, registered for offences punishable under Section 75, 76, 352, 115(2), 351(2), 190 of Bharatiya Nyaya Sanhita (for short 'BNS'), 2023. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. In the complaint lodged by the victim, she has alleged that on 28.11.2024 at about 4.00 PM all of a sudden, the petitioner/accused No.1 entered her house, pulled and tore her nighty with an intention to outrage her modesty. - 3 - NC: 2025:KHC:6832 CRL.P No. 1219 of 2025 4. Learned counsel for petitioner has contended that the entire allegations are false and due to some dispute between petitioner's family and the complainant, he and his family members are falsely implicated in this case. He contended that there is an inordinate delay of 2 days in lodging the complaint and with due deliberation, the complaint was lodged. 5. It is his further contention that complainant's children were causing nuisance by throwing waste in front of petitioner's house. Seeing the same, the petitioner and her brother and mother i.e., accused Nos.2 and 3 shouted at the children, asking them to go inside their house. Upon hearing the same, the complainant hurled abuses at petitioner's brother and mother and there was some verbal altercation. Again in the evening at about 07:30 p.m., the complainant called the villagers for her support and panchayat was also held but failed. Thereafter, the present compliant was lodged with an ulterior motive. - 4 - NC: 2025:KHC:6832 CRL.P No. 1219 of 2025 6. Learned High Court Government Pleader has contended that the petitioner was always having an evil eye on the complainant and on the date of incident, in the absence of complainant's husband, he entered her house and outraged her modesty and also asked her to sleep with him. He contended that a panchayat was held in the presence of the villagers, to settle the matter, but in the panchayat, the accused have quarrelled with the complainant's husband, assaulted and threatened him etc. 7. A perusal of the complaint averments goes to show that the petitioner herein has gone to the house of the complainant when her husband was away, dragged her by hands and asked her to sleep with him and also tore her nighty etc. When she screamed, her neighbours by name Sakubai W/o. Badhyanayka and Mahesha Naika rushed to the spot and at that time, the petitioner ran away. 8. I have perused the statements of Sakubai W/o. Badhyanayka and Mahesha Naika. Their statements - 5 - NC: 2025:KHC:6832 CRL.P No. 1219 of 2025 corroborates the complaint averments. The delay in lodging the complaint has been explained. Subsequent to the incident, the villagers convened a panchayat. However, in the panchayat, the complainant's husband was abused and assaulted and given life threat. The victim has given her statement before the learned Magistrate under Section 183 of the BNSS, 2023 narrating the incident. At this stage, there are no reasons to disbelieve the complaint averments. Hence, this is not a fit case to enlarge the petitioner on anticipatory bail. 9. If the petitioner file any application for regular bail before the Jurisdictional Court, the same shall be considered and disposed of as expeditiously as possible. Petition is dismissed with the above observation. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM,LDC List No.: 1 Sl No.: 31