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2025 DAILYLAW 40582 (KAR)

SADASHIVAIAH v. STATE BY CHELURU POLICE

CRL.P/11908/2025 · 2025-09-09

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35497 CRL.P No. 11908 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11908 OF 2025 BETWEEN: SADASHIVAIAH AGED ABOUT 50 YEARS, S/O SIDDARAMAIAH, OPP: THEVADEHALLI, HAGALAVADI HOBLI, GUBBI TALUK, TUMAKURU-572 226. …PETITIONER (BY SMT. SHRUTHI S.P., ADVOCATE) AND: STATE BY CHELURU POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT, BANGALORE-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL IN CR. 131/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 64(1), 123 OF BNS REGISTERED BY THE RESPONDENT CHELUR POLICE ON THE FILE OF THE PRL. CIVIL JUDGE (JR. DN.) AND JMFC, GUBBI, TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35497 CRL.P No. 11908 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is the sole accused in Cr.No.131/2025 of Chelur Police Station, Tumakuru, registered for the offence punishable under Section 64(1) and 123 of BNS, 2023. 2. Heard both sides and perused the material on record. 3. It is alleged by the victim in her complaint dated 2.7.2025, that on 8.4.2025, when she was alone in her house, the accused came and gave some juice mixed with some tablets, on drinking the same, she became unconscious and at that time, accused undressed her and committed sexual intercourse. 4. As per complaint averments victim’s husband witnessed the incident and when he tried to catch the accused, he escaped. It is stated that thereafter, victim’s husband deserted her. - 3 - HC-KAR NC: 2025:KHC:35497 CRL.P No. 11908 of 2025 5. The incident is alleged to have taken place on 8.4.2025 at about 2.30 p.m. in the house of the victim situated at Tevadehalli village, Hagalavadi Hobli, Gubbi Taluk, Tumakuru. Complaint is lodged on 2.7.2025. Even according to the complainant, her husband saw the incident and he tried to catch the accused. However, no reasons are forthcoming for lodging the complaint belatedly. The victim is admittedly a major, aged about 30 years. 6. In the above facts and circumstances, petitioner who is arrested and already interrogated, can be admitted to bail by imposing conditions. Hence, the following: ORDER I. Petition is allowed. II. Petitioner/accused in Crime No.131/2025 of Chelur Police Station, Tumakuru, shall be enlarged on bail, subject to following conditions: - 4 - HC-KAR NC: 2025:KHC:35497 CRL.P No. 11908 of 2025 1. He shall execute a bond in a sum of Rs.50,000/- (Rupees fifty thousand only), with two sureties for the 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. 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 the trial Court regularly on all dates of hearing. Violation of above condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 80