- 1 - NC: 2025:KHC-D:5640 CRL.P No. 100890 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100890 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: REKHA JAGAPAT (NAME AS PER FIR) SMT.REKHA @ SHASHIKALA W/O. ASHOK JAGATAP, (NAME AS PER SESSION COURT ORDER) AGE: 46 YEARS, OCC. HOME MAKER, R/O. HIREMATH BUILDING, VIJAYANAGAR, HATALAGERI NAKA, GADAG-599102. …PETITIONER (BY SRI SACHIN C. ANGADI, ADVOCATE) AND: STATE OF KARNATAKA THROUGH SUB-URBAN P.S., HUBBALLI, R/BY. ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE ACCUSED NO.1/PETITIONER ON REGULAR BAIL IN CRIME NO.13/2025 REGISTERED BY THE SUB-URBAN P.S., HUBBALLI, OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 352, 351(3), 109, 3(5) OF BNS, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC COURT, HUBBALLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.28 10:41:52 +0530 - 2 - NC: 2025:KHC-D:5640 CRL.P No. 100890 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Sachin C. Angadi, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 439 of Cr.P.C./483 of Bharatiya Nagarika Suraksha Sanhita, 2023, with the following prayer: “To allow this petition and enlarge The Accused No.1/Petitioner on regular bail in Crime No.13/2025 registered by the Sub-Urban P.S., Hubballi, offences punishable under Sections 115(2), 352, 351(3), 109, 3(5) of BNS, pending on the file of Prl. Civil Judge and JMFC Court, Hubballi.” 3. Facts in brief which are necessary for disposal of the petition are as under: In respect of an incident that occurred on 27.01.2025, Hubballi Sub-Urban Police registered a case in Crime No.13/2025. - 3 - NC: 2025:KHC-D:5640 CRL.P No. 100890 of 2025 3.1 During the pendency of the present petition, police have investigated the matter and filed the charge sheet. Smt. Geeta Dasar is the complainant who suffered injuries on account of the assault said to have made by the petitioner. 4. Admittedly, the petitioner is a transgender. Taking note of the attendant facts and circumstances of the case and the wound certificate and also the fact of filing of the charge sheet, this Court is the considered opinion that continuation of the petitioner in judicial custody is no longer warranted. 5. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 6. Accordingly, the following order is passed. ORDER (i) Criminal Petition is allowed. (ii) Petitioner is directed to be enlarged on bail on executing a personal bond in a sum of Rs.50,000/- [Rupees Fifty Thousand only] - 4 - NC: 2025:KHC-D:5640 CRL.P No. 100890 of 2025 with one surety for the likesum to the satisfaction of the learned Trial Court. (iii) Petitioner shall not indulge in similar activities. (iv) Petitioner shall attend the Court regularly. (v) Petitioner shall not tamper the prosecution witnesses in any manner. (vi) Petitioner shall not leave the jurisdiction of Dharwad District without prior permission. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 1 SL NO.: 11