- 1 - NC: 2025:KHC:16406 CRL.P No. 5032 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5032 OF 2025 BETWEEN: MR. K. RAMANANDA AITHAL S/O LATE MR. K. LAXMINARAYANA AITHA AGED 61 YEARS RESIDENT OF HOUSE NO.4-93 KOTATHATTU VILLAGE BRAHMAVARA TALUK UDUPI DISTRICT PIN - 576 221. …PETITIONER (BY SRI I.S. PRAMODCHANDRA, ADV.) AND: STATE OF KARNATAKA BY KOTA POLICE, UDUPI DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTORS, HIGH COURT BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT THE PETITIONER THE RELIEF OF BAIL IN S.C.NO.9/2025 (ARISING OUT OF THE CASE REGISTERED IN CRIME NO.214/2025 OF KOTA POLICE STATION, BRAHMAVARA TALUK) FOR THE OFFENCE P/US/ 75,76,64(2)(f),64(2)(m),351(2) OF BNS PENDING ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT AT UDUPI. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16406 CRL.P No. 5032 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in SC No.9/2025 pending before the Court of Principal District and Sessions Judge, Udupi District, arising out of Crime No.214/2024 registered by Kota Police Station, Udupi, for the offences punishable under Sections 75, 76, 64(2)(f), 64(2)(m) and 351(2) of BNS, 2023, is before this Court under Section 483 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.214/2024 was registered by Kota Police Station, Udupi, for the aforesaid offences against the petitioner herein based on the first information dated 12.10.2024 received from the mother of the victim girl, who is aged about 21 years. During the course of investigation, petitioner herein was arrested on 12.10.2024 and subsequently, remanded to judicial custody. After completion of investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in S.C.No.9/2025 was rejected on 18.03.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:16406 CRL.P No. 5032 of 2025 4. Learned counsel for the petitioner submits that victim girl is the niece of the petitioner and the petitioner herein, who is physically disabled person has been falsely implicated in the case for extraneous reasons. The medical records of the victim girl do not support the allegations found in the first information. Investigation in the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that victim girl has made allegations against the petitioner in her statement recorded under Section 164 of Cr.P.C. and in the event, petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly, he prays to dismiss the petition. 6. A perusal of the material on record would go to show that alleged victim girl aged about 21 years is the niece of the petitioner. Father of the victim girl is the elder brother of petitioner's wife. First information is submitted by the mother of the victim girl alleging that on 12.10.2024 petitioner herein had allegedly committed forcible sexual intercourse with the victim girl in her house and had thereafter, criminally - 4 - NC: 2025:KHC:16406 CRL.P No. 5032 of 2025 intimidated her and left the house. It is further alleged that in the year 2023 also, petitioner had committed similar act against the petitioner and had threatened her with dire consequences in the event she reveals the same to any body. Victim girl was medically examined on 12.10.2024 itself at Kasturba Medical College, Manipal and the medical report of the victim girl would go to show that she had not suffered any external injuries on any part of her body including her genitals. It is opined that there were signs suggestive of recent vaginal penetration. The material on record would go to show that petitioner is a physically disabled person and his Unique Disability ID card would reveal that he has 80% Locomotor disability. Petitioner aged about 61 years having no other criminal antecedents, is in custody for the last more than six months. Investigation in the case is completed and charge sheet has been filed. The trial in the case is yet to commence. The allegation found against the petitioner is required to be proved in a full fledged trial. Considering the aforesaid aspects of the matter, I am of the opinion that without expressing any opinion on merits and demerits of the case, prayer made by the - 5 - NC: 2025:KHC:16406 CRL.P No. 5032 of 2025 petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.9/2025 pending before the Court of Principal District and Sessions Judge, Udupi District, arising out of Crime No.214/2024 registered by Kota Police Station, Udupi, for the offences punishable under Sections 75, 76, 64(2)(f), 64(2)(m) and 351(2) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; - 6 - NC: 2025:KHC:16406 CRL.P No. 5032 of 2025 e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN