- 1 - HC-KAR NC: 2025:KHC-D:7934 CRL.A No. 100310 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.100310 OF 2025 BETWEEN: SRI ASKAR ALI S/O. HUSENSAB NANDESHWAR AGED ABOUT 36 YEARS OCC. AGRICULTURE RESIDING OF MAREGUDDI VILLAGE TALUK: JAMKHANDI DISTRICT: BAGALKOT-587 301. …APPELLANT (BY SRI ANAND R. KOLLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD JAMKHANDI RURAL POLICE STATION DISTRICT: BAGALKOT-583 229. 2. SMT. SHILPA W/O. BHIMAPPA HALAGI AGE: 33 YEARS OCC. SOCIAL WORKER. 3. KUMARI YASSHODHA D/O. BHIMAPPA HALAGI AGE: 13 YEARS OCC. STUDENT. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7934 CRL.A No. 100310 of 2025 RESPONDENT NOS.2 AND 3 ARE RESIDENT OF MAREGUDDI VILLAGE TALUK: JAMKHANDI DISTRICT: BAGALKOT-587 301 …RESPONDENTS (BY SRI JAIRAM SIDDI, H.C.G.P., FOR R-1, SRI NAGARAJ C. KALLOORI, ADVOCATE, FOR R-2, & RESPONDENT NO.3 IS MINOR AND REPRESENTED BY RESPONDENT NO.2) * * * THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, READ WITH SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO SET ASIDE THE ORDER DATED 29-4-2025 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE, IN JAMKHANDI RURAL POLICE STATION IN CRIME NO.42 OF 2025 AND TO ENLARGE THE APPELLANT/ACCUSED NO.1 ON REGULAR BAIL IN CONNECTION WITH CRIME NO.42 OF 2025 REGISTERED BY JAMKHANDI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 331, 115, 118, 64, 305, 352, 351(2) AND 77 READ WITH SECTION 190 OF THE BHARATIYA NYAYA SANHITA, 2023, AND UNDER SECTIONS 3(2)(V), 3(1)(R) AND 3(1)(S) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015. THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:7934 CRL.A No. 100310 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) The appellant/accused No.1 has filed this appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order dated 29-4-2025 passed by the II Additional District and Sessions Judge, Bagalkote, in Jamakhandi Rural P.S. Cr. No.42/2025 for the offences punishable under Sections 189(2), 191(2), 331, 115, 118, 64, 305, 352, 351(2) and 77 read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, and under Sections 3(2)(v), 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, whereby the application filed by the appellant seeking regular bail has been rejected. - 4 - HC-KAR NC: 2025:KHC-D:7934 CRL.A No. 100310 of 2025 2. Heard Sri Anand R. Kolli, learned counsel for the appellant, Sri Jayaram Siddi, learned High Court Government Pleader for respondent No.1-State, and Sri Nagaraj C. Kalloori, learned counsel for respondent No.2-de facto complainant. 3. The brief facts of the prosecution case are that, on 3-4-2025, the first informant lodged a complaint against the appellant and others alleging that the appellant came in contact with de facto complainant in the year 2001 as he was a friend of her husband and he was often visiting her house. During 2021, her husband died due to Covid and hence, he developed relationship with the de facto complainant, thereby committed sexual assault on her against her will and consent, made video- graph of the same and blackmailed her to give a sum of Rs.1.50 lakh. Later, he introduced accused No.2 to the de facto complainant and insisted her to have sexual intercourse with him. On 30-3-2025 at 10:00 p.m., the appellant trespassed the house of de facto complainant, - 5 - HC-KAR NC: 2025:KHC-D:7934 CRL.A No. 100310 of 2025 took quarrel with her and when her minor daughter (CW8), intervened to pacify the quarrel, he sexually abused the minor girl, outraged her modesty and abused her by taking her caste. Hence, she lodged the complaint, which led to registration of First Information Report and investigation. 4. Learned counsel for the appellant has contended that, the complainant has lodged a false complaint against the appellant and no proper explanation has been offered by the first informant while lodging First Information Report. The appellant is in judicial custody. The appellant is ready to abide by any conditions to be imposed by this Court. Hence, he prayed to allow the appeal. 5. Learned High Court Government Pleader for respondent No.1-State and the learned counsel for respondent No.2-the de facto complainant have contended that the appellant has committed serious offence of sexual assault. Hence, there is prima-facie case against him. If - 6 - HC-KAR NC: 2025:KHC-D:7934 CRL.A No. 100310 of 2025 the appellant is released on bail, he may tamper with the prosecution witnesses and may influence the victim and there is likelihood of he being fleeing away from justice. Hence, they pray to dismiss the appeal. 6. Perused the material available on record including First Information Report, complaint, charge-sheet and other material. 7. On perusal of the material available on record, it appears that the appellant came in contact with the de facto complainant in the year 2021, he sexually abused her, and also committed rape on her against her will and consent. Later, he introduced accused No.2 to the de facto complainant and insisted her to have sex with him also. As per the averments made in the entire charge-sheet, i.e. on 30-3-2025, accused No.2 trespassed the house of de facto complainant, took quarrel with her and outraged the modesty of the de facto complainant as well as her minor - 7 - HC-KAR NC: 2025:KHC-D:7934 CRL.A No. 100310 of 2025 daughter. Thus, accused No.2 sexually abused the de facto complainant and her minor daughter. 8. On perusal of the statement of the victim/complainant recorded under Section 164 of the Code of Criminal Procedure, 1973, it reveals that she made clear allegations against accused No.2. It shows that after lapse of four years, she lodged the complaint against the appellant. 9. Having regard to the material placed on record, the victim has merely stated that accused No.2 sexually abused her. 10. Now, the investigation is completed and charge- sheet is filed. Considering the nature of allegations, gravity of offence, circumstances in which the offence is committed, position and status of the appellant with reference to the victim and witness, likelihood of fleeing away from justice, of repeating same offences by the appellant, of tampering with witness, character and - 8 - HC-KAR NC: 2025:KHC-D:7934 CRL.A No. 100310 of 2025 antecedents of the appellant, this Court is of the opinion that the appellant is entitled for bail. 11. Learned counsel for respondent No.2 has contended that if the appellant is released on bail, he may threaten with the prosecution witnesses. Such apprehension may be met with by imposing suitable conditions. Accordingly, I proceed to pass the following O R D E R I. Criminal appeal is allowed. II. The order dated 29-4-2025 passed by the II Additional District and Sessions Judge, Bagalkote, in Jamakhandi Rural P.S. Cr. No.42/2025, in respect of granting regular bail to the appellant, is hereby set aside. III. The appellant/accused No.1 is ordered to be released on bail in Crime No.42/2025 registered by the respondent-Jamakhandi Rural Police Station, Bagalkote, for the offences punishable under Sections 189(2), 191(2), 331, 115, 118, 64, 305, - 9 - HC-KAR NC: 2025:KHC-D:7934 CRL.A No. 100310 of 2025 352, 351(2) and 77 read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, and under Sections 3(2)(v), 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, subject to the following conditions: i. The appellant shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees two lakh only) with two sureties for the likesum to the satisfaction of the trial Court; ii. The appellant shall not tamper with the prosecution witnesses directly or indirectly; iii. The appellant shall appear before the trial Court on all dates of hearing; iv. The appellant shall not indulge in any similar offences, and v. The appellant shall not threaten de facto complainant and her minor daughter (CW8). - 10 - HC-KAR NC: 2025:KHC-D:7934 CRL.A No. 100310 of 2025 Any violation of the conditions imposed above would enable the prosecution to seek for cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 11