- 1 - HC-KAR NC: 2025:KHC:25357 CRL.P No. 8445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8445 OF 2025 BETWEEN: SHIVAIAH S/O LATE HANUMANTHAPPA AGED 44 YEARS R/AT INTURUYAHALLI VILLAGE, NAGALAMADIKE HOBLI PAVAGADA TALUK TUMKUR DISTRICT - 561 202. …PETITIONER (BY SRI CHANDRASHEKAR C, ADV., FOR SRI MALLAREDDY B.V, ADV.) AND: STATE OF BY THIRUMANI POLICE PAVAGADA TALUK REPTD. BY ITS SPP, (STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.30/2025 REGISTERED BY THIRUMANI POLICE/RESPONDENT POLICE, PENDING BEFORE THE HONBLE ADDL. CIVIL JUDGE AND JMFC COURT, AT PAVAGADA, FOR THE OFFENCES P/U/S 64(1),351(2) OF BNS, 2023. 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 D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25357 CRL.P No. 8445 of 2025 ORAL ORDER Accused in Crime No.30/2025 registered by Thirumani Police Station, Tumakuru District for the offences punishable under Sections 64(1) and 351(2) of BNS, 2023 is before this Court under Section 483 of BNS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.30/2025 was registered by Thirumani Police Station, Tumakuru District for the aforesaid offences against the petitioner herein, on the basis of first information dated 26.04.2025 received from the victim lady, aged about 25 years. During the course of investigation, the petitioner herein was arrested on 27.04.2025 and subsequently remanded to judicial custody. - 3 - HC-KAR NC: 2025:KHC:25357 CRL.P No. 8445 of 2025 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.5122/2025 was dismissed on 06.06.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that the petitioner is a married man having grown up daughter. False allegations are made against the petitioner for extraneous reason. Investigation of the case is completed and charge sheet has been filed. There is a inordinate delay in registering FIR. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. She submits that victim lady has made allegation against the petitioner even in her statement recorded under Section 183 of BNS, 2023. Accordingly, she prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:25357 CRL.P No. 8445 of 2025 7. Perusal of the first information would go to show that the victim lady, aged about 25 years is married and from her wedlock with one Prasad she has three children. In the first information it is stated that, she is staying with her husband and children at Bengaluru. On 06.04.2025 the victim allegedly has gone to her native place. On 07.04.2025 at about 5.00 a.m, she had gone to the house of the petitioner and had asked him to drop her to the bus stand of Valluru for the purpose of traveling to Bengaluru. 8. The victim lady has alleged that on their way to bus stand at Valluru, the petitioner had stopped his bike and thereafter had pulled her to a isolated place on the road side and after threatening her, the petitioner allegedly had committed forcible sexual inter course with her. Thereafter, the victim lady and her minor son were dropped by the petitioner to the bus stand and - 5 - HC-KAR NC: 2025:KHC:25357 CRL.P No. 8445 of 2025 subsequently on 26.04.2025, after informing her husband, the first informant had approached the police. 9. In respect of the alleged incident that had taken place on 07.04.2025, the first information was belatedly submitted, after a period of nearly 20 days. In the first information, it is alleged that the petitioner had committed sexual assault on the victim lady on the road side on their way to bus stand. It is further stated that, the petitioner himself had dropped the victim lady and her son to the bus stand and thereafter the victim lady and her son had traveled to Bengaluru. 10. The petitioner, aged about 52 years having no criminal antecedents is in custody from 27.04.2025. Investigation of the case is already completed and charge sheet has been filed. Considering the nature of allegation found in the first information and also the inordinate delay in approaching the police, I am of the opinion that, the - 6 - HC-KAR NC: 2025:KHC:25357 CRL.P No. 8445 of 2025 prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 11. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.30/2025 registered by Thirumani Police Station, Tumakuru District for the offences punishable under Sections 64(1) and 351(2) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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; - 7 - HC-KAR NC: 2025:KHC:25357 CRL.P No. 8445 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS