- 1 - HC-KAR NC: 2025:KHC-D:18059 CRL.A No. 100686 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100686 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: MAHADEV @ MAHANTESH S/O. MALLAPPA BALOL, AGE. 35 YEARS, OCC. AGRICULTURE, R/O. MUGALKOD, TQ. MUDHOL, DIST. BAGLKOT-587103. …APPELLANT (BY SRI. VITTHAL S.TELI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH MUDHOL P.S. BAGALKOT-587103. 2. PRATIBHA SIDDARTH DULARI, CALLING HERSELF AS PRATIBA W/O. MAHANTESH BALOL, AGE. 29 YEARS, OCC. STUDENT, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18059 CRL.A No. 100686 of 2025 NOW R/O. HARIJAN KARI, TIKOTA, TAL. TIKOTA, DIST. VIJAYAPUR-586101. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. KUSHAL M.KAMBLE, ADVOCATE FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 (A)(2) OF SC AND ST (POA) AMENDMENT ACT 2015, PRAYING TO, GRANT REGULAR BAIL TO THE IN SPECIAL CASE NO.84/2025 (MUDHOL P.S. CR.NO.157/2025) FOR OFFENCES UNDER SECTIONS 189(2), 191(2), 191(3), 85, 115(2), 118(1), 74, 75, 76, 126(2), 109(1), 64, 352 AND 351(3) R/W SECTION 190 OF THE BNS, 2023 AND UNDER SECTIONS 3(R), 3(1)(S), 3(1)(T), 3(1)(W) AND 3(2)(V) OF SCHEDULE CASTE AND SCHEDULE TRIBE (PREVENTION OF ATROCITY) AMENDMENT ACT, 2015, BY SETTING ASIDE THE ORDER DATED 11.09.2025 IN SPL.C.84/2025, PENDING ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT TO THE PETITIONER/ACCUSED NO.1 HEREIN THE ENDS OF JUSTICE AND EQUITY. THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18059 CRL.A No. 100686 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The appellant is before this Court seeking for grant of regular bail in Crime No.157/2025 of respondent No.1-Police for the offences under Sections 189(2), 191(2), 191(3), 85, 115(2), 118(1), 74, 75, 76, 126(2), 109(1), 64, 352 and 351(3) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(t), 3(1)(w) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Amendment Act, 2015. Brief facts of the case: 2. The case of the prosecution is that, the respondent No.2 had come to Dharwad to pursue her B.Ed. studies. During the said period, she got acquainted with the appellant through social media i.e.Telegram. Both were calling each other and they used to talk with each other. - 4 - HC-KAR NC: 2025:KHC-D:18059 CRL.A No. 100686 of 2025 3. It is further stated that, the appellant had expressed his willingness not only about love but also intending to marry her. The victim believing the said promise proceeded further. It is further stated that, the appellant had committed sexual assault on the victim on several occasions. Thereafter, it is stated that the appellant had refused to marry her. Therefore, she lodges a complaint against the appellant before Dharwad Sub-Urban Police Station in Crime No.289/2022. 4. It is further stated that, on 18.02.2025 around about 11.30 a.m., the victim had learnt that appellant had married another girl and went to his house to seek for justice. At that time, accused Nos.1 to 9 in furtherance of common intention, stated to have assaulted the victim indiscriminately and caused injuries to her. It is also stated that she was confined in a room in the house of the appellant. Hence, a complaint came to be registered against the appellant and others. - 5 - HC-KAR NC: 2025:KHC-D:18059 CRL.A No. 100686 of 2025 5. Heard Sri.Vitthal S.Teli, learned counsel for the appellant, Sri.Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1-State and Sri.Kushal M.Kamble, learned counsel for respondent No.2. 6. It is the submission of the learned counsel for the appellant that, the victim is aged about 29 years, she is stated to be well educated and she should have known the consequences of the future. Consenting for consensual sex with the appellant and subsequently it is alleged that, she has been raped is the tendency which is being taken place all over the country and that should be regulated by making stringent laws. 7. It is further submitted that, though it is alleged that on 18.02.2025 the incident has narrated in the complaint, however, a complaint came to be registered on 07.06.2025. There is a delay in lodging the complaint which certainly goes to the root of the case. Hence, the appellant may be enlarged on bail by imposing suitable conditions. - 6 - HC-KAR NC: 2025:KHC-D:18059 CRL.A No. 100686 of 2025 Making such submissions, learned counsel for the appellant prays to allow the appeal. 8. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the victim has been aggrieved by the highhandedness of the appellant, she has been continuously assaulted on several occasions. The victim has been wandering from pillar to post to seek justice for the injustice caused to her. Therefore, it is appropriate at this stage to reject the appeal. Making such submissions, learned High Court Government Pleader prays to reject the appeal. 9. Similarly, the learned counsel for respondent No.2 adopted the arguments of learned High Court Government Pleader for respondent No.1-State and further submits that, the victim had been assaulted indiscriminately by the appellant and others. The victim has lost not only her reputation but also her future. If the appellant is enlarged - 7 - HC-KAR NC: 2025:KHC-D:18059 CRL.A No. 100686 of 2025 on bail, certainly it would be a great injustice caused to her. Hence, it is not appropriate to grant him bail. 10. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that the appellant had proposed the victim that, he would marry her and it is stated that, he had committed sexual intercourse on her on several occasions on the pretext of marriage. Thereafter, the appellant has refused to marry her. 11. On going through the averments of the complaint without adverting to the merits of the case, it is appropriate to grant bail as prayed for by imposing suitable conditions. 12. Hence, I proceed to pass the following: ORDER (i) The appeal is allowed. (ii) The appellant is ordered to be enlarged on bail in Crime No.157/2025 of - 8 - HC-KAR NC: 2025:KHC-D:18059 CRL.A No. 100686 of 2025 respondent No.1-Police for the offences under Sections 189(2), 191(2), 191(3), 85, 115(2), 118(1), 74, 75, 76, 126(2), 109(1), 64, 352 and 351(3) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(t), 3(1)(w) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Amendment Act, 2015, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The appellant shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The appellant shall appear before the Trial Court on all hearing dates without fail. - 9 - HC-KAR NC: 2025:KHC-D:18059 CRL.A No. 100686 of 2025 In case, if the appellant violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE RH/CT: UMD List No.: 2 Sl No.: 3