- 1 - HC-KAR NC: 2025:KHC:25529 CRL.P No. 5056 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5056 OF 2025 BETWEEN: ASHOKA K S/O KRISHNAPPA AGED ABOUT 36 YEARS R/AT CHINNAHALLI VILLAGE GUDIBANDE TALUK CHIKKABALAPURA DISTRICT, PINCODE - 561 209. …PETITIONER (BY SRI ALLAH BAKASH M, ADV.) AND: THE STATE OF KARNATAKA CIRCLE INSPECTOR OF POLICE GUDIVANDE CIRCLE, GUDIVANDE CHIKKABALLAPURA, REPRESENTED BY STATE PUBLIC PROSECUTOR HONBLE HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED ON BAIL IN S.C.NO.91/2024 PENDING ON THE FILE OF I ADDL.DISTRICT AND SESSION JUDGE CHIKKABALLAPURA FOR THE OFFENCE P/U/S 115(2),76,64 OF BNS IN CR.NO.126/2024 IN GUDIBANDE P.S. IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25529 CRL.P No. 5056 of 2025 ORAL ORDER Accused in Crime No.126/2024 registered by Gudibande Police Station, Chikkaballapura District for the offences punishable under Sections 115(2), 76 & 64 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.126/2024 was registered by Gudibande Police Station, Chikkaballapura District against the petitioner herein for the aforesaid offences, on the basis of first information dated 05.08.2024 received from the victim, who is the mother of the petitioner. During the course of investigation, the petitioner herein was arrested on 06.08.2024 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences. - 3 - HC-KAR NC: 2025:KHC:25529 CRL.P No. 5056 of 2025 4. The bail application filed by the petitioner before the jurisdiction Sessions Court in S.C.No.91/2024 was dismissed on 24.01.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the present case since he and his brother have some civil dispute with regard to a property. The petitioner is in custody for the last nearly one year. Since investigation is complete and charge sheet has been filed custodial interrogation of the petitioner is no more required. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has strongly opposed the prayer made in the petition. 7. Perusal of the material on record would go to show that, the victim lady, aged about 65 years, who is the mother of petitioner is also the first informant in the - 4 - HC-KAR NC: 2025:KHC:25529 CRL.P No. 5056 of 2025 present case. She has stated that, petitioner who is her son is addicted to alcohol and his wife Lakshmi has deserted him. On 04.08.2024 at about 10.00 p.m, the petitioner came to their house after consuming alcohol and dragged the victim outside the house and thereafter assaulted her and had forcible sexual intercourse with her. 8. The first information is submitted on 05.08.2024 and the victim lady was also medically examined on 05.08.2024 itself. Her medical examination report would go to show that, she had suffered multiple injuries all over the body including injury on her private part. This clearly refers about the act committed by the petitioner on the intervening night of 04.08.2024 and 05.08.2024. 9. The statement of the victim lady was recorded by the jurisdictional Magistrate under Section 183 of BNS, 2023 wherein she has made allegation against the - 5 - HC-KAR NC: 2025:KHC:25529 CRL.P No. 5056 of 2025 petitioner reiterating the averments found in the first information. Even the report of FSL and DNA test supports the case of the prosecution. The petitioner, who is a son of the victim lady has committed a heinous offence and if he is enlarged on bail, the chances of he tampering with the material charge sheet witnesses or chances of he committing similar offence cannot be ruled out. Merely for the reason that investigation is completed and charge sheet has been filed accused cannot be granted bail since the allegations made against him are grave in nature. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to rejected. 10. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS