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2025 DAILYLAW 38564 (KAR)

PARASURAM S/O SIDDAPPA DESAI v. THE STATE OF KARNATAKA

CRL.P/103850/2025 · 2025-09-25

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13257 CRL.P No. 103850 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103850 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: PARASURAM S/O SIDDAPPA DESAI, AGED ABOUT 30 YEARS, OCC. AGRICULTURE, R/O. BYAKUD-591 220, TQ. RAIBAG, BELAGAVI DISTRICT. … PETITIONER (BY SRI. RAJASHEKHAR BURJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH RAIBAG POLICE STATION, RAIBAG, RAIBAG TALUK, BELAGAVI DISTRICT, REP. BY STATE PUBLIC PROSECUTOR-591 317, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. SUJATA SUBHAS SARAPURE, AGE. 47 YEARS, OCC. HOUSE WIFE, R/O. BYAKUD, RAIBAG, BELAGAVI. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW THE PETITION AND ENLARGE PETITIONER/ACCUSED NO.1 ON BAIL, ARISING OUT OF CRIME NO.198/2025 REGISTERED , BEFORE THE RAIBAG POLICE STATION, RAIBAG TALUK, BELAGAVI DISTRICT PENDING BEFORE PRL. JMFC RAIBAG, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 333, 75, 76, 109(1), 115(2), 351(3), 352 READ WITH 3(5) OF BHARATIYA NYAYA SANHITA, 2023. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13257 CRL.P No. 103850 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.198/2025 registered by Raibag Police Station, Belagavi for the offences punishable under Sections 333, 75, 76, 109(1), 115(2), 351(3), 352 read with 3(5) of BNS 2023, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No. 198/2025 registered by Raibag Police Station, Belagavi, for the aforesaid offences against the petitioner and others based on the first information dated 30.07.2025 received from Sujata Subhas who is one of the victim in the present case. During the course of investigation, petitioner was arrested on 23.08.2025 and remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.5364 of 2025 was rejected on 06.09.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:13257 CRL.P No. 103850 of 2025 4. In the first information submitted by one of the victims, she has alleged that accused no.1 was pestering her daughter-in-law and seeking sexual favours from her and also had threatened of dire consequences to her daughter-in-law and her husband. On 26.07.2025, when the first informant and her daughter-in-law were in their house, accused Nos.1 and 2 trespassed into their house, holding weapons, and after abusing the victims allegedly pulled the saree of the daughter-in-law of the first informant and outraged her modestly. When the daughter-in-law of the first informant escaped, the accused persons allegedly assaulted the first informant with a weapon and caused injuries. 5. It is in this background, FIR was registered against accused nos.1 and 2 for the aforesaid offences. 6. Learned HCGP has fairly submitted that victims have suffered only simple injuries in the incident in question. - 4 - HC-KAR NC: 2025:KHC-D:13257 CRL.P No. 103850 of 2025 7. It is not in dispute that petitioner herein has no other criminal antecedent. He is in custody for the last one month. 8. Under these circumstances, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.198/2025 registered by Raibag Police Station, Belagavi for the offences punishable under Sections 333, 75, 76, 109(1), 115(2), 351(3), 352 read with 3(5) of BNS 2023, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the - 5 - HC-KAR NC: 2025:KHC-D:13257 CRL.P No. 103850 of 2025 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; 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 VMB CT:BCK LIST NO.: 1 SL NO.: 29