- 1 - HC-KAR NC: 2025:KHC-D:7839 CRL.P No. 101807 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.101807 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SIDDAPPA S/O. DEVAPPA JADI, AGE: 26 YEARS OCC: COOLIE, R/O, KADADI, TQ. GADAG-582102. …PETITIONER (BY SRI. K. L. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH GADAG RURAL P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SMT. SHANTAVVA D/O. NINGAPPA GAVARWAD, AGE: 33 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O. KADADI, TQ AND DIST GADAG-582102. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. M. B. RADDI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S.483 OF BNSS 439 OF CR.P.C., SEEKING TO ENLARGE PETITIONER/ACCUSED ON REGULAR BAIL IN CONNECTION WITH GADAG RURAL P.S CRIME NO.72/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(2)(M), 69, 351 OF BNS 2023, ON THE FILE OF 2ND ADDL. CIVIL JUDGE & JMFC GADAG., IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS 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:7839 CRL.P No. 101807 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. K.L.Patil, learned counsel for the petitioner, Smt. Kirthilata Patil, learned High Court Government Pleader for respondent No.1 – State and Sri. M.B.Raddi, learned counsel for respondent No.2. 2. The petitioner/accused has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in Crime No.72/2025 of Gadag Rural Police Station for the offences punishable under Section 64(2) (m), 69, 351 of Bharatiya Nyaya Sanhita, 2023, pending on the file of learned II Additional Civil Judge and JMFC, Gadag. 3. Brief facts of the prosecution case is as under: Respondent No.2/victim herein lodged complaint to respondent No.1/Police alleging that she has been residing with her mother-Smt.Anasavva in Kadadi village; her - 3 - HC-KAR NC: 2025:KHC-D:7839 CRL.P No. 101807 of 2025 marriage took place in the year 2013 with one Ningappa Marabasappannavar of Jakkali village and due to misunderstanding with her husband, in the year 2014, she got divorce. Then, she went to Kadadi village and started residing with her mother, and she used to go to the land of petitioner/accused for coolie work along with her mother. Thus, petitioner/accused developed friendship with respondent No.2. About 5-6 months ago, prior to the institution of complaint i.e,. 05.09.2024, she had been to the land of accused, while she working in the land at about 12:00 noon, the accused came near her and held her hand and offered her to have sex with him on the pretext of marriage. Thus, accused pulled her to the ground and had forcible sexual intercourse with her. Thereafter, he made criminal intimidation to eliminate her if she reveals this aspect to anybody. Therefore, she did not reveal this aspect to anyone. After this, every time when she went to work in the land of accused, the accused used to have forcible sexual intercourse with her. As she became - 4 - HC-KAR NC: 2025:KHC-D:7839 CRL.P No. 101807 of 2025 pregnant, she lodged complaint with respondent/Police on 26.03.2025. Based on the complaint, respondent/police have registered a case which led to registration of FIR and initiation of investigation. 4. Learned counsel for the petitioner contended that there is inordinate delay in lodging complaint and no proper explanation has been offered by the first informant; as per the complaint averments itself shows that petitioner is aged about 26 years and he is in judicial custody since 26.03.2025 and he is the only bread earner in his family; he is ready to abide by any conditions to be imposed by this Court. Hence, prayed to allow the petition. 5. Learned High Court Government Pleader contended that petitioner has committed serious offence of sexual assault on a divorced woman, hence there is prima- facie case against him. The complainant/victim became pregnant and now she delivered a male baby; if petitioner is released on bail, he may tamper the prosecution - 5 - HC-KAR NC: 2025:KHC-D:7839 CRL.P No. 101807 of 2025 witnesses, he may influence the victim and there is likelihood of he fleeing away from justice. Hence, prayed for dismissal of the petition. 6. Learned counsel for respondent No.2 contended that the petitioner - accused is involved in a serious offence; the victim has clearly stated against petitioner in the statement recorded under Section 164 of Cr.P.C, before learned Magistrate. The petitioner is highhanded person in the locality; if petitioner is released on bail, he may threaten the victim. On all these grounds, he prayed to reject the petition. 7. From perusal of the material available on record, it appears that in the complaint, the victim has stated that petitioner/accused committed forcible sexual intercourse on her on a promise of marriage. Later also, the petitioner/accused continued the same act as can be seen from the contents of complaint. However, respondent - 6 - HC-KAR NC: 2025:KHC-D:7839 CRL.P No. 101807 of 2025 No.2/victim did not lodge any complaint and she lodged complaint only after she became pregnant. 8. On perusal of the statement of victim recorded under Section 164 of Cr.P.C., nowhere she has stated that petitioner did forcible sexual intercourse against her will and consent. In the statements of victim recorded under Section 164 and as well as 161 of Cr.P.C, there is slight deviation in her statement as to consent. As per the statement made under Section 164 of Cr.P.C, respondent No.2/victim gave consent to have sexual intercourse with her. However, in the complaint, she has stated that petitioner had forcible sexual intercourse on her. 9. Admittedly, there is delay in lodging the complaint. Whether petitioner/accused had committed forcible sexual intercourse on her against her will or not and whether, she has assigned any valid reasons for condoning the delay, is a matter of trial. The petitioner/accused is in judicial custody since 26.03.2025. - 7 - HC-KAR NC: 2025:KHC-D:7839 CRL.P No. 101807 of 2025 On perusal of the medical evidence, the Medical Officer has stated that the victim is already 28 weeks’ pregnant; and based on history/examination, there is a possibility of sexual intercourse and the hymen not intact. 10. Having regard to the material placed on record, the victim girl is aged about 33 years, she was divorced woman, she often visited the land of accused, and hence, under such circumstances, the accused had sexual intercourse with the victim on a promise of marriage that too with the consent of victim. Whether the act of accused was against the will and consent of respondent No.2/victim, is a matter of trial. The apprehension raised by learned counsel for respondent No.2 may be met by imposing stringent condition on the petitioner/accused. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 439 of Cr.P.C., is allowed. - 8 - HC-KAR NC: 2025:KHC-D:7839 CRL.P No. 101807 of 2025 The petitioner/accused is ordered to be enlarged on regular bail in Crime No.0072/2025 of Gadag Rural Police Station, on the file of II Additional Civil Judge and JMFC, Gadag, on he executing personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions: i) The petitioner shall mark his attendance before the I.O/S.H.O of respondent/Police on 1st and 16th of every month in between 10:00 a.m. and 05:00 p.m. for a period of six months or till filing of the final report, whichever is earlier; ii) The petitioner shall not tamper the prosecution witnesses directly or indirectly; iii) The petitioner shall cooperate with the Investigating Agency till conclusion of the investigation; iv) The petitioner shall appear before the trial Court regularly without fail; v) The petitioner shall not involve himself in similar or any other offences. - 9 - HC-KAR NC: 2025:KHC-D:7839 CRL.P No. 101807 of 2025 vi) Violation of any of the conditions would entitle for cancellation of bail. Note:- The above observation is made for disposal of the petition. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 46