- 1 - HC-KAR NC: 2025:KHC-D:8246 CRL.P No. 102190 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102190 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SRI. MAHESH S/O. MALLAPPA, AGE: 28 YEARS, OCC: LABOUR, R/O. NANDIHALLI, TQ. KARATAGI, DIST. KOPPAL-583232. …PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY KARATAGI P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS), SEEKING TO GRANT THE PETITIONER/ ACCUSED ON REGULAR BAIL IN THE CRIME NO.292/2024 OF KARATAGI POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE U/S.506, 504, 376(2)(n), 448, 354C OF IPC AND SECTION 66(E) OF INFORMATION TECHNOLOGY ACT, PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE KOPPAL, SITTING AT GANGAVATHI, IN SC NO.02/2025, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8246 CRL.P No. 102190 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.Neelendra D. Gunde, learned counsel for the petitioner and Sri.Abhishek Malipatil, learned HCGP for respondent-State. 2. The petitioner has filed this petition under Section 483 of BNSS-2023 (439 of Cr.P.C.) to enlarge him on bail in Crime No.292/2024 of Karatagi Police,(S.C.No.2/2025 on the file of Addl. District and Sessions Judge, Koppal sitting at Gangavathi) registered for the offences punishable under Sections 506, 504, 376(2)(n), 448, 354C of and Section 66(E) of Information Technology Act. 3. Brief facts of the prosecution case are as under: The first informant/victim has lodged complaint with respondent-Police on 21.11.2024 against the petitioner, alleging that her marriage was solemnized with one Parasuram and thereafter she started residing with her - 3 - HC-KAR NC: 2025:KHC-D:8246 CRL.P No. 102190 of 2025 husband at Nandihalli village and thereafter the petitioner came in contact with her, as he was working in the hotel owned by the victim. On 23.10.2023 when victim was alone in her house, the petitioner entered her house, closed her mouth, made criminal intimidation to eliminate her husband and children and had forcible sexual intercourse against her will. Again, on 26.10.2024, the petitioner came to her house and had forcible sexual intercourse with her. With grudge, whenever victim was alone in the house, he used to come and have forcible sexual intercourse with her and also abused her in filthy language. Therefore, she lodged a complaint with the police, which led to registration of FIR and investigation. During the course of investigation, the petitioner was arrested and in turn remanded to judicial custody. 4. The learned counsel for the petitioner contended that the petitioner is innocent and he has been falsely implicated in the case. He has not committed any offence as alleged by the prosecution and there are no - 4 - HC-KAR NC: 2025:KHC-D:8246 CRL.P No. 102190 of 2025 criminal antecedents of the petitioner. Further, there are variations in the statement of the victim stated before the medical officer as well as in the statement recorded under 164 of Cr.P.C. Petitioner is ready to abide by the conditions imposed by this Court. Hence, prays to allow the petition. 5. Per contra, learned HCGP would contend that there is prima facie material against the petitioner. The medical report as well as statement of victim recorded under Section 164 of Cr.P.C. clearly establishes that there is ample material against the accused. If the accused is released on bail, he would tamper prosecution witness and hamper the trial and hence prays to dismiss the bail petition. 6. On perusal of the material available on record, the investigation report clearly reveals that, the alleged incident occurred during the year 2023-24. As per the statement of victim recorded under Section 164 of Cr.P.C., - 5 - HC-KAR NC: 2025:KHC-D:8246 CRL.P No. 102190 of 2025 the accused repeatedly committed forcible sexual assault on the victim in her house on various occasions. However, in her statement recorded under Section 164 of Cr.P.C., she has not mentioned the dates on which he had forcible sexual intercourse against her will, more particularly the month and year. Whereas, in the statement given before the medical officer, she has stated that accused Mahesh is her neigbour, they were together from past one year and they used to met regularly. Last act was on 25.10.2024. It shows that the victim and the petitioner are neighbourers and they met regularly. Whereas, in the statement recorded in Section 164 of Cr.P.C., after lapse of one month, she has given a different statement before the Magistrate. It appears that the accused is friend of the victim. Admittedly, the petitioner is in judicial custody from 21.11.2024. The trial in the matter may take considerable amount of time. Under these circumstances, the petitioner may be enlarged on bail with stringent conditions. - 6 - HC-KAR NC: 2025:KHC-D:8246 CRL.P No. 102190 of 2025 7. Accordingly I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner-accused is ordered to be enlarged on bail in Crime No.292/2024 of Karatagi Police, (S.C.No.2/2025 on the file of Addl. District and Sessions Judge, Koppal sitting at Gangavathi) registered for the offences punishable under Sections 506, 504, 376(2)(n), 448, 354C of and Section 66(E) of Information Technology Act., on the following conditions. (i) The petitioner shall execute a personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not tamper the prosecution witnesses directly or indirectly. - 7 - HC-KAR NC: 2025:KHC-D:8246 CRL.P No. 102190 of 2025 (iii) The petitioner shall attend the jurisdictional Court regularly without fail. (iv) The petitioner shall not involve in the similar offences. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE HMB CT-AN List No.: 1 Sl No.: 45