- 1 - NC: 2025:KHC:1707 CRL.P No. 12740 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12740 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: SHANKARAPPA ALIAS SHANKAREGOWDA S/O LATE NANJAPPA, AGED ABOUT 72 YEARS, R/AT KUNIKENAHALLI VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT PINCODE: 572 227. …PETITIONER (BY SRI. SRINIVASA M.G., ADVOCATE) AND: STATE BY DANDINASHIVARA P.S. TURUVEKERE TALUK, TUMKUR DISTRICT PINCODE: 572 227, (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDI, BANGALORE PINCODE: 560 001) …RESPONDENT (BY SRI. RANGASWAMY R., HCGP; SRI. H.S.SHANKAR, ADVOCATE FOR DEFACTO COMPLAINANT) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1707 CRL.P No. 12740 of 2024 THIS CRL.P FILED IS U/S.439 (FILED U/S.483 BNSS) PRAYING TO ALLOW THIS PETITION BY RELEASING THE PETITIONER ON BAIL IN CRIME NO.18/2024, C.C.NO.189/2024, S.C.NO.10032/2024 OF DANDINASHIVARA POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 376(2)(l) OF I.P.C. ON THE FILE OF V ADDL. DISTRICT AND SESSIONS JUDGE AT TIPTUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, the learned High Court Government Pleader for respondent/State as well as the learned counsel for defacto complainant and perused material on record. 2. In brief, it is the case of prosecution that on 12.02.2024 at about 2.20 p.m., petitioner herein by luring the victim, a mentally challenged woman, took her inside an under construction house of CW4 in Kunikenahalli village and committed rape on her. 3. On a complaint lodged by victim’s brother, a case in Cr.No.18/2024 was registered at Dandina Shivara - 3 - NC: 2025:KHC:1707 CRL.P No. 12740 of 2024 police station, against the accused for offences punishable under Section 376 and 376(2)(l) of IPC. Charge sheet is filed for the offence punishable under Section 376(2)(l) of IPC. 4. The learned High Court Government Pleader and the learned counsel appearing for the complainant have contended that petitioner has committed a heinous offence, CW2 is an eyewitness and as per FSL report, seminal stains were detected on some of the items and therefore, there is a prima facie case against the petitioner. They contended that in view of the nature of offence committed, petitioner is not entitled for bail. 5. The learned counsel for petitioner has contended that in this case victim’s statement is not recorded and statement of CW2 recorded under Section 164 Cr.P.C. does not indicate that he is an eye witness to the incident. History furnished to the Doctor would reveal that no rape was committed on the victim. He submitted that petitioner is aged about 72 years suffering from old - 4 - NC: 2025:KHC:1707 CRL.P No. 12740 of 2024 age ailments and he is languishing in judicial custody from 13.02.2024. He further submitted that petitioner is ready and willing to abide by any conditions and therefore sought to allow the petition. 6. I have perused statement of CW2 recorded under Section 164 of Cr.P.C. It does not indicate that he has seen the accused committing rape on the victim. As per history furnished to the Doctor at the time of examination of victim, she was allegedly taken to a under construction house and was brain washed for physical contact. It is said that nothing is done/happened. As per final medical opinion furnished based on the FSL report, possibility of sexual violence could not be ruled out. Notably, there is no statement of the victim. 7. Petitioner is aged about 72 years. He is in custody since 13.02.2024. Investigation is completed and charge sheet is also filed. In the facts and circumstances, without expressing any view on the merits of the case, - 5 - NC: 2025:KHC:1707 CRL.P No. 12740 of 2024 petitioner can be admitted to bail by imposing appropriate conditions. Hence, the following: ORDER Petition is allowed. Petitioner/accused in Crime No.18/2024 of Dandina Shivara Police Station, in S.C.No.10032/2024 pending on the file of Court of V Additional District and Sessions Judge, Tumkur (Sitting at Tiptur) shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 6 - NC: 2025:KHC:1707 CRL.P No. 12740 of 2024 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 49