- 1 - HC-KAR NC: 2025:KHC-D:7282 CRL.P No. 101684 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101684 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: ABHISHEK S/O. MAHADEV BADAGI, AGE. 22 YEARS, OCC: COOLIE, R/O. HALADAKATTA, TQ. SIDDAPUR, DIST. KARWAR-581355. …PETITIONER (BY SRI. S. V. YAJI, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY HIREKERUR POLICE STATION, HIREKERUR CIRCLE, DIST. HAVERI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION GRANTING BAIL TO THE PETITIONER WHO IS THE ACCUSED IN HIREKERUR PS CRIME NO.35/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 75 AND 78 OF BNS ACT AND ETC. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7282 CRL.P No. 101684 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.S.V.Yaji, learned counsel for the petitioner and learned High Court Government Pleader for respondent –State. 2. This petition is filed by the accused under Section 439 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) to release him on bail in Crime No.35/2025 of Hirekerur Police Station for the offences punishable under Sections 75 and 78 of the Bharatiya Nyaya Sanhita, 2023, 2023 (for short, ‘the BNS’). 3. The brief facts of the prosecution case are as under: Petitioner and the first informant were fell in love and they were interacting through mobile phone from 22.12.2024 and the petitioner expressed his desire to - 3 - HC-KAR NC: 2025:KHC-D:7282 CRL.P No. 101684 of 2025 marry her and he was harassing the victim over phone. As such on 23.02.2025 at about 1.30 p.m., petitioner called the victim in order to take her to Mysore in order to perform their marriage. Later, he took her to Siddapur, where he snatched a neck chain weighing 10 grams and later he outraged her modesty by pulling veil and hence, she lodged complaint. 4. During the course of investigation, this petitioner has been arrested and in turn, he has been remanded to judicial custody. After investigation, charge sheet has been filed for the offences punishable under Sections 75 and 78 of BNS, 2023. 5. Learned counsel for the petitioner contended that petitioner is innocent and he has not committed any offences as alleged by the prosecution and there are no criminal antecedents and petitioner is a law abiding citizen. Petitioner is a carpenter by profession and he is the sole bread earner in the family. Petitioner is ready and willing to - 4 - HC-KAR NC: 2025:KHC-D:7282 CRL.P No. 101684 of 2025 abide by any conditions that may be imposed by this Court and there is love affair between petitioner and the victim. Hence, prayed for grant of bail. 6. Per contra, learned High Court Government Pleader for respondent-State contended that there is prima facie material against petitioner. He is involved in the heinous offence under Sections 75 and 78 of the BNS, 2023. If he is released on bail, there is likelihood that he may flee away from the justice and also there are chances of tampering the prosecution witnesses and hamper the trial. Hence, he prayed for rejecting the bail petition. 7. On perusal of the material available on record, including charge sheet, it appears that on 23.02.2025, the petitioner took the victim to various places on his motorcycle and also expressed his intention to perform the marriage with victim and when victim returned to her home, he pulled her veil. From the charge sheet papers, it revealed that there is love affair between petitioner and - 5 - HC-KAR NC: 2025:KHC-D:7282 CRL.P No. 101684 of 2025 victim. Admittedly, accused is a carpenter by profession and his presence can be easily secured. 8. At this juncture, investigation is completed and charge sheet is filed. The offences alleged are not punishable with death or imprisonment for life. Considering these facts and also the fact that the investigation is completed, the question of petitioner tampering the prosecution witnesses would not arise. Considering the nature and gravity of offence, position and status of petitioner with reference to the victim and witness, it is a fit case to grant bail to the petitioner. Thus, the petitioner is enlarged on bail. Accordingly, this Court proceeds to pass the following: ORDER i) The criminal petition is allowed. ii) The petitioner – accused shall be enlarged on bail on executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two local sureties for the likesum to the - 6 - HC-KAR NC: 2025:KHC-D:7282 CRL.P No. 101684 of 2025 satisfaction of the jurisdictional Court/Trial Court. iii) The petitioner shall not tamper the prosecution witnesses in any manner. iv) The petitioner shall attend the Court regularly. v) The petitioner shall not indulge in any similar offences. Violation of any of the above conditions, will entitle the prosecution to seek for cancellation of bail. Ordered accordingly. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 22