- 1 - HC-KAR NC: 2025:KHC-D:12138 CRL.P No. 103150 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103150 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: BASAVARAJ S/O BHOJAPPA BOMMANAL, AGE. 25 YEARS, OCC. AGRICULTURIST, R/O. ADAVIBHAVI, TQ. KANAKAGIRI, DIST. KOPPAL-583 239. … PETITIONER (BY SRI. B.C. JNANAYYASWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH KANAKAGIRI P.S.) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580 001. 2. COMPLAINANT R/O. ADAVIBHAVI, TQ. KANAKAGIRI, DIST. KOPPAL-583 239. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN S.C.NO.6/2025 PENDING ON THE FILE ADDL. DISTRICT AND SESSIONS JUDGE KOPPAL SITTING AT GANGAVATHI, ARISING OUT OF CRIME.NO.129/2024 REGISTERED IN KANAKAGIRI POLICE STATION, FOR THE OFFENCES UNDER SECTIONS75, 64(2)(M), 351(3), 49, 329(3), 329(4) R/W SECTION 3(5) OF BNSS, PENDING TRIAL OF THE CASE, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12138 CRL.P No. 103150 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 No.1 in S.C.No.6/2025 pending before the Court of Additional District and Sessions Judge, Koppal, arising out of Crime No.129/2024 registered by Kanakagiri Police Station, Ballari for the offences punishable under Sections 75, 64(2)(m), 351(3), 49, 329(3), 329(4) r/w Section 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.129/2024 was registered by Kanakagiri Police Station, Ballari for the aforesaid offences against the petitioner, based on the first information dated 02.09.2024 received from victim girl, aged about 20 years. During the course of investigation, petitioner was arrested on 28.11.2024 and subsequently, remanded to judicial - 3 - HC-KAR NC: 2025:KHC-D:12138 CRL.P No. 103150 of 2025 custody. After completing investigation, charge sheet has been filed against six persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application was rejected by trial Court and therefore, he has approached this Court in Crl.P.No.101285 of 2025 seeking regular bail which was rejected on 17.04.2025 reserving liberty to the petitioner to file fresh application after examination of the victim girl is completed. Subsequently, he had filed a fresh bail application before the trial Court, which was rejected on 15.07.2025. Therefore, he is before this Court in the successive bail application seeking regular bail. 4. Learned counsel for the petitioner submits that victim girl, who is now married, is not cooperating before the trial Court and on the last 3 dates of hearing, she has not appeared before the trial Court for examination. Perusal of the material on record would suggest that petitioner and the victim girl were in love. Petitioner who is a youngster having no criminal antecedent is in custody for the last nearly 10 months. Since the victim is recently married, it is - 4 - HC-KAR NC: 2025:KHC-D:12138 CRL.P No. 103150 of 2025 likely to take some time for the purpose of her examination. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that petitioner's earlier bail application was dismissed by this Court with an observation that petitioner is at liberty to renew his bail application after the victim girl is examined before the trial Court. However, she does not dispute that the victim girl has not appeared before the trial Court on the last 3 dates of hearing for the purpose of recording her evidence. 6. In the first information, which is submitted by the victim girl, aged about 20 years, she has stated that petitioner who is a married man, was taking her brothers to work in his field as coolies and he used to visit their house occasionally. When the parents and brothers of the victim lady were not in the house, about 20 days prior to registration of FIR, petitioner who came to her house showed her a knife and asked her to click a photo along - 5 - HC-KAR NC: 2025:KHC-D:12138 CRL.P No. 103150 of 2025 with him and accordingly she got a photo of hers along with him clicked and thereafter petitioner allegedly tied her hands and had forceful sexual intercourse with her. She has stated that subsequently petitioner has repeated the act by threatening her of circulating her photos and forwarding the same to the boy with whom her engagement ceremony was performed. On 30.08.2024, petitioner allegedly took her forcibly into a field and after threatening her about disclosing about her past, tried to force himself on her. When she raised a cry, her parents and brothers came to the said spot, and after advising the petitioner, they had sent him away. It is in this background, FIR in Crime No.129/2024 was registered against him. 7. Perusal of the material available on record would suggest that petitioner and the victim girl were in relationship and only after the parents and brothers of the victim girl came to know about the same on 30.08.2024, FIR was registered against the petitioner. Petitioner is a married man, who is in custody from 28.11.2024. - 6 - HC-KAR NC: 2025:KHC-D:12138 CRL.P No. 103150 of 2025 Investigation of the case is already completed and charge sheet has been filed. Though this Court had earlier rejected petitioner's bail application with liberty to file a fresh bail application after examination of the victim is completed, the material now produced before this Court would go to show that the victim girl has married another boy on 17.08.2025. Thereafter on 3 dates of hearing, she has not appeared before the Court for the purpose of recording her evidence. Petitioner has no other criminal antecedents. 8. Considering the aforesaid aspects of the matter, I am of the view that, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail is to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.6/2025 pending before the - 7 - HC-KAR NC: 2025:KHC-D:12138 CRL.P No. 103150 of 2025 Court of Additional District and Sessions Judge, Koppal, arising out of Crime No.129/2024 registered by Kanakagiri Police Station, Ballari for the offences punishable under Sections 75, 64(2)(m), 351(3), 49, 329(3), 329(4) r/w Section 3(5) of BNS 2023, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. 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; - 8 - HC-KAR NC: 2025:KHC-D:12138 CRL.P No. 103150 of 2025 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future; 5. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB, KGK CT:BCK LIST NO.: 1 SL NO.: 18