Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 28391 (KAR)

RAGHAVENDRA HEGDE v. THE STATE OF KARNATAKA

CRL.P/7778/2025 · 2025-06-24

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:22057 CRL.P No. 7778 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7778 OF 2025 BETWEEN: RAGHAVENDRA HEGDE S/O JAYANNA AGED ABOUT 29 YEARS OCC:PHOTOGRAPHER R/O SARASWATHIPURA 3RD CROSS, IUDP LAYOUT CHITRADURGA - 577 501. …PETITIONER (BY SRI UMESH P.B, ADV., FOR SRI RAVINDRA B. DESHPANDE, ADV.) AND: THE STATE OF KARNATAKA BY CHITRADURGA WOMEN POLICE STATION CHITRADURGA EXTENSION CIRCLE CHITRADURGA DISTRICT - 577 501 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001) …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.48/2025 OF CHITRADURGA WOMEN P.S., CHITRADURGA (REGISTERED FOR THE OFFENCE P/U/S 54,64(2)(m),87,137(2),318,352,190 BNS 2023 (CORRESPONDING PROVISION SEC.114,376(1)(2),366,363,415,504 R/W 149 OF IPC) NOW PENDING ON THE FILE OF 1ST ADDL.SENIOR CIVIL JUDGE AND J.M.F.C COURT CHITRADURGA PENDING THE TRIAL. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22057 CRL.P No. 7778 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 no.1 in Crime No.48/2025 registered by Chitradurga Women Police Station, Chitradurga District, for the offences punishable under Sections 54, 64(2)(m), 87, 137(2), 318, 352, 190 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.48/2025 was registered by Chitradurga Women Police Station, Chitradurga District, against the petitioner herein for the aforesaid offences based on the first information dated 29.04.2025 received from the victim girl aged about 19 years. Petitioner was arrested in the present case on 01.05.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.555/2025 was rejected on 29.05.2025. Therefore, petitioner is before this Court. - 3 - HC-KAR NC: 2025:KHC:22057 CRL.P No. 7778 of 2025 4. Perusal of the material on record would go to show that FIR was earlier registered by Chitradurga Kote Police Station on 15.04.2025 in Crime No.84/2025 on the basis of the first information received from Dr. H.K.S.Swamy - father of the victim girl, wherein in the first informant - father of the victim girl has stated that his daughter who is the alleged victim in the present case was found missing. The material on record would go to show that the victim girl was traced on 23.04.2025 by Chitradurga Kote Police and subsequently her statement was also recorded in Crime No.84/2025 registered by Chitradurga Kote Police Station and in the said statement, the victim girl has not made any allegation against the petitioner who is now made in the present case, which is registered after the police had recorded her statement in Crime No.84/2025. In fact, in the statement that was recorded by the police in Crime No.84/2025, the victim girl had asked to close the missing case. Subsequently, on 29.04.2025, the victim girl for the first time has made allegation against the petitioner about he committing sexual assault on her after kidnapping her. - 4 - HC-KAR NC: 2025:KHC:22057 CRL.P No. 7778 of 2025 5. Petitioner who has no criminal antecedents is in custody from 01.05.2025. He has undertaken to cooperate with the police for the purpose of investigation. Considering the inconsistencies in the statement of the victim girl that was recorded in Crime No.84/2025 by Chitradurga Kote Police and in the first information which was submitted by her in the present case, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.48/2025 registered by Chitradurga Women Police Station, Chitradurga District, for the offences punishable under Sections 54, 64(2)(m), 87, 137(2), 318, 352, 190 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute 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; - 5 - HC-KAR NC: 2025:KHC:22057 CRL.P No. 7778 of 2025 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; 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 KK