- 1 - HC-KAR NC: 2025:KHC-D:9751 CRL.P No. 102320 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102320 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: RAGHAVENDRA S/O. BASAVARAJ MALAGI @ RAGHAVENDRA MALAGI, AGE: 31 YEARS, OCC: NIL, R/O: H.NO.1111, D-BLOCK, SONIA GANDHI NAGAR, HUBBALLI, DIST: DHARWAD-580 001. … PETITIONER (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH GOKUL ROAD POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH, DHARWAD-580 010. 2. VICTIM, XXXX. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. N.C. KOLLOORI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO PETITION MAY BE ALLOWED AND THE PETITIONER/ACCUSED MAY BE RELEASED ON REGULAR BAIL, IN SC. NO.5024/2025 (CC NO.4108/2024) (CRIME NO.129/2024 GOKUL ROAD P.S.) PENDING BEFORE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 384, 376(2)(N), 506 OF IPC, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9751 CRL.P No. 102320 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 in S.C.No.5024/2025 pending before the Court of I Additional District and Sessions Judge, Dharwad sitting at Hubballi arising out of Crime No.129/2024 registered by Gokul Road Police Station, Hubballi Dharwad District for offences punishable under Sections 384, 376(2)(n) & 506 of IPC is before this Court under Section 439 of Cr.P.C, seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.129/2024 was registered by Gokul Road Police Station, Hubballi Dharwad District initially for the offences punishable under Sections 323, 384, 376(2)(n) & 506 of IPC against the petitioner herein, based on the first information dated 20.09.2024 received from the victim lady, aged about 27 years. During the course of investigation, the petitioner was arrested on - 3 - HC-KAR NC: 2025:KHC-D:9751 CRL.P No. 102320 of 2025 21.09.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the Jurisdictional Sessions Court in S.C.No.5024/2025 was rejected on 03.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the ground in the petition has prayed to allow the petition. 5. Per contra, learned HCGP for respondent No.1 and learned counsel appearing for respondent No.2 have strongly opposed the prayer made in the petition. They submit that, the petitioner is a person with criminal antecedents and he was earlier convicted for the offence punishable under Section 302 of IPC. They submit that if the petitioner is enlarged on bail he may threaten the prosecution witnesses. Accordingly, they pray to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC-D:9751 CRL.P No. 102320 of 2025 6. Perusal of the first information submitted by the victim lady aged about 27 years would go to show that, she has completed her MSW post graduation course and she got acquainted to the petitioner about 8 years prior to the date of registration of FIR. She has stated that for the last 7-8 years, she was in love with the petitioner. She has further stated that at the request of petitioner, she had given him her gold chain and on 18.02.2018 at about 2.00 a.m, in the midnight he had called her to the terrace of their house and had sexual intercourse with her. Subsequently, he continued his act and also had recorded her private photos and video in his mobile phone and was threatening of circulating the same in social media. Therefore, she had given him a sum of Rs.70,000/- and also a gold chain weighing about 10 grams. In spite of the same, petitioner allegedly continued to threaten her and also threatened with dire consequences to the life of her relatives and parents. She has further alleged that on 31.05.2024 the petitioner had sexual intercourse with her. - 5 - HC-KAR NC: 2025:KHC-D:9751 CRL.P No. 102320 of 2025 It is under these circumstances, she had approached the police on 20.09.2024 and based on her first information, FIR was registered against the petitioner for the offences punishable under Sections 323, 384, 376(2)(n) & 506 of IPC 7. During the course of investigation, the petitioner was arrested on 21.09.2024 and ever since then he is in custody. Investigation of the case is completed and charge sheet has been filed. The victim lady was subjected to medical examination in the present case and before the doctor, who had medically examined her on 21.09.2024, she has stated about her relationship with the petitioner from the year 2018 onwards. She has also stated that the petitioner is a married person and his wife had left his company. She has stated that the petitioner was an accused in a murder case and he was in jail for about 1½ years initially and subsequently he was released in the year 2022. She has stated that petitioner had applied for divorce and to dissolve his marriage with his - 6 - HC-KAR NC: 2025:KHC-D:9751 CRL.P No. 102320 of 2025 wife, he had asked her for money for his divorce, which she had refused. From the aforesaid statement of the victim lady made before the doctor, who had examined her on 21.09.2024 it is apparent that she had the knowledge that petitioner is a married man and in spite of that she had continued her relationship with him. It is also apparent that she knew that the petitioner was an accused in a murder case and he was on jail for considerable period of time and after he released from jail, she continued her relationship with him and also had sexual intercourse with him in the month of May, 2024. 8. Learned counsel for the petitioner has brought to the notice of this Court that the petitioner, who was convicted for the offence punishable under Section 302 of IPC has been acquitted in the said case by the division bench of this Court in Crl.A.No.100254/2021 vide judgment dated 31.05.2022, wherein the order of judgment and order conviction passed in S.C.No.3/2015 by the Court of I Addl. District & Sessions Judge, Dharwad - 7 - HC-KAR NC: 2025:KHC-D:9751 CRL.P No. 102320 of 2025 sitting at Hubballi convicting the petitioner for the offence punishable under Section 302 IPC has been set aside. The copy of the said judgment passed by the division bench of this Court has been made available to this Court. 9. Considering the nature of allegation found in the first information and also the statement of victim lady made before the medical officer, who had medically examined her, it appears that relationship between the parties was a consensual relationship, which continued for a period of about 6 years and only after the said relationship had failed the victim lady had approached the police. The petitioner is in custody in the present case from 21.09.2024. Investigation of the case is completed and charge sheet has been filed. Apprehension of learned counsel for the respondents can be taken care of by imposing appropriate conditions on the petitioner. 10. Accordingly, the following: - 8 - HC-KAR NC: 2025:KHC-D:9751 CRL.P No. 102320 of 2025 ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5024/2025 pending before the Court of I Additional District and Sessions Judge, Dharwad sitting at Hubballi arising out of Crime No.129/2024 registered by Gokul Road Police Station, Hubballi Dharwad District for offences punishable under Sections 384, 376(2)(n) & 506 of IPC, subject to the following conditions: I. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court; II. 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; III. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 9 - HC-KAR NC: 2025:KHC-D:9751 CRL.P No. 102320 of 2025 IV. The petitioner shall not involve in similar offences in future. V. 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. VI. The petitioner shall mark his attendance before the SHO of Gokul Road Police Station on every Sunday of the month and mark his attendance between 10.00 a.m and 1.00 p.m regularly, till the case pending against him is disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK