- 1 - HC-KAR NC: 2025:KHC-D:7446 CRL.P No. 101662 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101662 OF 2025 (439 (2) OF Cr.PC/483 (3) OF BNSS) BETWEEN: RAJESHWARI D/O. HANAMAPPA AMBIGER, AGE: 29 YEARS, OCC: ENGINEER, R/O. SHIRUR, TQ. AND DIST. BAGALKOT-587120. …PETITIONER (BY SMT. RAJESHWARI H. AMBIGER, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH SUB-URBAN POLICE STATION, DHARWAD, R/BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. YALLALINGA S/O. SIDDAPPA DANDIN, AGE: 25 YEARS, OCC: POLICE CONSTABLE, R/O. BUDAGA JANGAMA, SHIRUR VILLAGE, TQ. AND DIST. BAGALKOT-587120. …RESPONDENTS (BY SHRI JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 SERVED-UNREPRESENTED) THE CRIMINAL PETITION IS FILED UNDER SECTION 483 (3) OF BNSS SEEKING TO CANCEL THE BAIL GRANTED TO THE ACCUSED NO.2 ON 04.04.2025 IN CRL.MISC NO.126/2025 ON THE FILE OF IV ADDL. DISTRICT AND SESSION JUDGE DHARWAD IN DHARWAD, SUB URBAN POLICE STATION CRIME NO.265/2024 FOR THE OFFENCE UNDER SECTION 64(1), 69, 115(2), 351(3), 352 OF BNS, 2023 IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7446 CRL.P No. 101662 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) Heard the petitioner party-in-person and learned High Court Government Pleader for respondent No.1 – State. 2. The petitioner has filed this petition under Section 483 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) for cancellation of bail granted to the accused – respondent No.2 on 04.04.2025 in Crl.Misc.No.126/2025 by the learned IV Additional District and Sessions Judge, Dharwad in Crime No.265/2024 for the offences punishable under Sections 64(1), 69, 115(2), 351(3), 352 of Bharatiya Nyaya Sanhita, 2023. (“BNS” for short). 3. The brief facts of the prosecution case are as under: The petitioner and respondent No.2 were close friends and they were loved each other. The petitioner trusted - 3 - HC-KAR NC: 2025:KHC-D:7446 CRL.P No. 101662 of 2025 accused as a friend. Accused was working in survey department at Hungund and during that time he has assured the petitioner that he would perform marriage with her and thereafter he was appointed as Police Constable in Gadag District on 03.10.2024. Later the accused called the petitioner to Dharwad to interact with her about their marriage. On that day he took her to Ayodya Lodge, Dharwad there he had sexual intercourse against her will. When the petitioner tried to resist the accused, he assaulted on her head and abdomen. Hence, she lodged complaint. 4. Soon after institution of the case, the accused was arrested and in turn he was remanded to the judicial custody. On 04.04.2024, the IV Additional District and Sessions Judge granted bail to the accused. 5. Being aggrieved by the grant of bail by the IV Additional District and Sessions Judge, Dharwad, the complainant – petitioner is filed this petition contending that the bail order granted by the IV Additional District and Sessions Judge is illegal, against the provisions of law and it - 4 - HC-KAR NC: 2025:KHC-D:7446 CRL.P No. 101662 of 2025 has wrongly observed that, it is a case of promise to marry and consensual intercourse is not an offence. Further the Investigating Officer has not filed any charge sheet against the accused and presently the accused is working as Police Constable. In this case, the petitioner being the victim filed this petition for cancellation of bail. 6. As per Section 439 (2) of Cr.P.C, the High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. While canceling the bail, the Courts have to consider the nature of accusation and severity of punishment, prima face satisfaction of the Court. Whereas in this case, the petitioner has not made out any ground that the accused threatened her or tampered her to withdraw the criminal case filed against him. 7. The petitioner has also not made out any grounds for cancellation of bail granted by the IV Additional District and Sessions Judge. Merely because the Investigating Officer - 5 - HC-KAR NC: 2025:KHC-D:7446 CRL.P No. 101662 of 2025 has not filed any charge sheet, on such ground, bail cannot be cancelled. Hence, there is no merit in the petition. 8. Accordingly, the criminal petition is hereby dismissed. 9. However, it is made clear that the Investigating Officer shall file charge sheet within a statutory period at the earlier. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 9