- 1 - HC-KAR NC: 2025:KHC-D:10599 CRL.P No. 102719 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102719 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. BEERAPPA S/O. MARUTEPPA GORAVAR, AGE. 22 YEARS, OCC. AGRICULTURE, 2. MARUTEPPA @ MARUTI S/O. TIPPANNA GORAVAR, AGE. 46 YEARS, OCC. AGRICULTURE, 3. NINGAPPA S/O. TIPPANNA GORAVAR, AGE. 37 YEARS, OCC. AGRICULTURE, 4. SANTOSH S/O. MANTAPPA @ MAHANTESHAPPA KAREMMANAVAR, AGE. 32YEARS, OCC. AGRICULTURE, ALL ARE R/O. MEVUNDI, TQ. & DIST. HAVERI. … PETITIONERS (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) AND: 1. STATE BY HAVERI WOMEN P.S., (BY PUBLIC PROSECUTOR), REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. COMPLAINANT, AGE. 22 YEARS, OCC. HOUSEHOLD WORK, R/O. MEVUNDI, TQ. & DIST. HAVERI-581 110. … RESPONDENTS (BY SRI. IRANAGOUDA KABBUR, ADVOCATE FOR R2; SMT. KIRTILATA R. PATIL, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE (482 OF BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023), PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS IN CRIME NO.62/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 69, 351(2), 3(5) OF BHARATIYA NYAYA SANHITA, 2023 BY THE RESPONDENT, HAVERI WOMEN POLICE STATION, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10599 CRL.P No. 102719 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 4 in Crime No.62 of 2025 registered by Haveri Women Police Station, Haveri District, for offences punishable under Sections 69, 351(2) read with Section 3(5) of BNS, 2023, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel for the petitioners submits that accused No.1 has been arrested during the pendency of this petition and therefore, this petition may be dismissed as not pressed as against him. So far as the accused Nos.2 to 4 are concerned, the offence punishable under Section 69 of BNS, 2023 will not get attracted. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC-D:10599 CRL.P No. 102719 of 2025 4. Per contra, learned HCGP and learned counsel appearing for the respondent No.2 have opposed the petition. 5. The FIR was registered in the present case against accused No.1 for the aforesaid offences on the basis of the first information dated 11.06.2025 submitted by the victim girl aged about 22 years. Allegation in the first information against the accused No.1 is about he promising to marry the victim girl and having sexual intercourse with her. 6. So far as the petitioner Nos.2 to 4 herein are concerned, they are the relatives of the accused No.1, and an allegation is made in the first information that they also had assured the victim girl to perform her marriage with accused No.1 and subsequently they had all refused to perform the marriage of the victim girl with accused No.1. The allegation of having sexual intercourse with the victim girl with a promise to marry her is only as against accused - 4 - HC-KAR NC: 2025:KHC-D:10599 CRL.P No. 102719 of 2025 No.1 who is now arrested and such an allegation is not found against the other petitioners, who are apprehending arrest in the present case, because of the allegations found in the FIR against them. 7. Under the circumstances, I am of the opinion that the prayer for grant of anticipatory bail by accused Nos.2 to 4 needs to be answered affirmatively. Hence, the following: ORDER (i) Petition is dismissed as not pressed as against petitioner No.1; and petition is allowed insofar as it relates to petitioner Nos.2 to 4 / accused Nos.2 to 4. (ii) The respondent – Police or any other Police in the State of Karnataka are directed to release petitioner Nos.2 to 4 in the event of their arrest in Crime No.62 of 2025 registered by Haveri Women Police Station, Haveri District, for offences punishable under Sections 69, 351(2) - 5 - HC-KAR NC: 2025:KHC-D:10599 CRL.P No. 102719 of 2025 read with Section 3(5) of BNS, 2023, subject to the following conditions: (a) The petitioner Nos.2 to 4 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. (b) The petitioner Nos.2 to 4 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (c) The petitioner Nos.2 to 4 shall not tamper with the prosecution witness and he shall co- operate with the police for investigation and appear before them whenever called upon. (d) The petitioner Nos.2 to 4 shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH & VNP / CT: BCK LIST NO.: 1 SL NO.: 17