- 1 - NC: 2025:KHC-D:1389 CRL.P No. 100073 of 2025 C/W CRL.P No. 100074 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100073 OF 2025 [438(CR.PC)/482(BNSS)] C/W CRIMINAL PETITION NO.100074 OF 2025 [438(CR.PC)/482(BNSS)] IN CRL.P.NO.100073/2025: BETWEEN: OBLESH @ HOTTIGA S/O. BASAPPA, AGE: 26 YEARS, OCC. FARMER, R/O. BYRADEVARAGUDDA VILLAGE, KOTTUR TALUKA, DIST. VIJAYANAGARA-583201. … PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, THROUGH KOTTUR POLICE STATION, TALUKA-KOTTUR, DIST. VIJAYANAGARA-583201. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (SECTION 482 OF BNSS), SEEKING TO GRANT ANTICIPATORY MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.25 14:57:24 +0530 - 2 - NC: 2025:KHC-D:1389 CRL.P No. 100073 of 2025 C/W CRL.P No. 100074 of 2025 BAIL TO THE PETITIONER/ACCUSED NO.2 IN THE EVENT OF HIS ARREST IN CRIME NO.167/2024 OF KOTTUR POLICE STATION, ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, KUDLIGI REGISTERED FOR THE OFFENCE PUNISHABLE U/S. 137(2), 64(2)(M), 351(2), 74, 78, 54 R/W 3(5) OF BNS. IN CRL.P.NO.100074/2025: BETWEEN: BELDARI RAMA @ G.RAMESHA S/O. G.MAREPPA, AGE: 19 YEARS, OCC. STUDENT, R/O. MANAGAPURA VILLAGE, TALUKA-KOTTUR, DIST. VIJAYANAGARA-583201. … PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, THROUGH KOTTUR POLICE STATION, TALUKA: KOTTUR, DIST. VIJAYANAGARA-583201. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 438 OF CR.P.C. (SECTION 482 OF BNSS), SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.3 IN THE EVENT OF HIS ARREST IN CRIME NO.167/2024 OF KOTTUR POLICE STATION, ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, KUDLIGI, VIJAYNAGAR, REGISTERED FOR THE OFFENCE PUNISHABLE U/S. 137(2), 64(2)(M), 351(2), 74, 78, 54 R/W 3(5) OF BNS. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1389 CRL.P No. 100073 of 2025 C/W CRL.P No. 100074 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) These petitions are filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) for anticipatory bail in Crime no.167/2024 registered by Kottur Police Station for offences punishable under Sections 137 (2), 64 (2) (m), 351 (2), 74, 78, 54 and 3 (5) of Bharatiya Nyaya Sanhita (for short, ‘BNS), by accused no.2 and 3 (‘petitioners’ for short) respectively. 2. Sri Srinivas B. Naik learned counsel for petitioners submitted, petitioners were 26 year old agriculturist and 19 year old student respectively, innocent law abiding citizens, having deep roots in society and permanent residents of Byradevaragudda village and Managapura village having movable and immovable properties. It was submitted they were not involved or committed any offences including ones alleged against them herein. And that they were falsely implicated with intention only to harm their reputation. 3. It was submitted petitioners were however apprehending arrest in view of registration of false complaint - 4 - NC: 2025:KHC-D:1389 CRL.P No. 100073 of 2025 C/W CRL.P No. 100074 of 2025 against them for non bailable offences as mentioned above. It was further submitted even as per complaint filed by Smt.Mangala at about 7:00 p.m. on 20.09.2024 alleging that about 3 months earlier accused no.1 - Chandrappa who was residing in their village was working as agriculturist. It was submitted accused no.1 used to stalk her and touch her despite her resistance. At about 7:00 p.m. on 16.09.2024 when complainant was returning home after attending natures call in field behind her home, Chandrappa grabbed her, closed her mouth preventing her from calling for help and thereafter had sexual intercourse forcibly. He detained her and had sexual intercourse with her once again at 12:00 a.m. and at 5.00 a.m. on 17.09.2024, he called accused no.2 – Obalesh and got him to drop himself and victim near a temple on outskirts of Nagalapur. He had sexual intercourse with victim once again in a nearby field. Thereafter he told her, in case she went back to her village her reputation would be spoiled and called accused no.3 – Rama. After he came, they dropped her at 8:00 p.m., near her native place – Katinakamba village. She went to her maternal home and stayed until a day prior to filing of complaint, when her mother took her to her husband. And after - 5 - NC: 2025:KHC-D:1389 CRL.P No. 100073 of 2025 C/W CRL.P No. 100074 of 2025 she narrated above events to her husband, she was taken to police station and registered complaint. Based on said complaint, Crime no.167/2024 (supra) was registered. 4. It was submitted, even as per complaint, role of petitioners was only to transport victim and accused no.1 from one place to another without any allegation of ill-will. It was pointed out that entire allegations in complaint were directed against accused no.1 who was already enlarged on bail by order dated 15.11.2024 passed by III Additional District and Sessions Judge, Ballari (Sitting at Hosapete), in Crl.Misc.no.5667/2024. Therefore petitioners, against whom there were no serious allegations, were entitled for bail. It was further submitted prosecution had completed investigation and filed charge sheet on 29.10.2024. Therefore, there would be no need for presence of petitioners for custodial interrogation. On above ground sought for allowing petitions. 5. On other hand, Sri Jairam Siddi, learned High Court Government Pleader for respondent – State sought to oppose petitions. It was submitted, complaint averments included all essential ingredients to substantiate offences alleged. It was - 6 - NC: 2025:KHC-D:1389 CRL.P No. 100073 of 2025 C/W CRL.P No. 100074 of 2025 submitted nature of offences alleged were serious committed against woman and were heinous in nature. And though complaint allegations were mainly against accused no.1, when petitioners had transported accused no.1 and victim on their motorcycles, they had abetted commission of offences. Moreover, accused were also charged with offence under Section 3 (5) of BNS. In view of above, even ground that there were no antecedents would not inure to them. On other hand if they were granted anticipatory bail, there was likelihood of their fleeing from justice or tampering with prosecution material/witnesses. Hence, there was no merit in bail application and sought rejection. 6. Heard learned counsel and perused available material on record. 7. From above, point that would arise for consideration is: “Whether petitioners are entitled for anticipatory bail on conditions?” - 7 - NC: 2025:KHC-D:1389 CRL.P No. 100073 of 2025 C/W CRL.P No. 100074 of 2025 8. From above, it is seen, petitioners’ apprehension about imminent arrest for non-bailable offences is with reference to Crime no.167/2024 (supra). 9. Though nature of offences alleged against accused are serious and heinous, they are mainly against accused no.1 and prima facie only charge of abetment directed against petitioners. Admittedly, accused no.1 has succeeded in getting bail. Therefore, when petitioners cannot be stated to be in any worse situation that accused no.1, it would only be proper to avail said relief to them on parity. 10. Besides, fact that there are no criminal antecedents and petitioners are permanent residents of Byradevaragudda and Managapura village respectively having immovable properties would also inure to them. And since charge-sheet is already filed, there would no requirement of their presence for custodial interrogation and concerns of prosecution could be mitigated by appropriate conditions. Thus, point for consideration is answered in affirmative. Hence, following: ORDER Both petitions are allowed. It is ordered that petitioners - accused no.2 and 3 shall be enlarged on - 8 - NC: 2025:KHC-D:1389 CRL.P No. 100073 of 2025 C/W CRL.P No. 100074 of 2025 bail, in case of their arrest in Crime no.167/2024 registered by Kottur Police Station for offences punishable under Sections 137 (2), 64 (2) (m), 351 (2), 74, 78, 54 and 3 (5) of BNS, subject to following conditions: a) Petitioners shall appear before jurisdictional Court within 15 days from date of this order and execute personal bond for sum of Rs.50,000/- with one surety each for likesum to satisfaction of Court. b) They shall appear before Investigating Officer for purpose of further investigation as and when required. c) They shall attend Court proceedings regularly. d) They shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. e) They shall not leave jurisdiction of Court without prior permission, until completion of trial. f) They shall not indulge in any criminal activities. g) It is clarified that all observations herein are prima facie for purposes of this order and would not bind trial Court at time of passing final judgment. SD/- (RAVI V.HOSMANI) JUDGE RH/EM CT:PA LIST NO.: 1 SL NO.: 19