- 1 - HC-KAR NC: 2025:KHC-D:16189 CRL.P No. 104348 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104348 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: PURUSHOTTAM VAIDYA S/O. DHARMACHARYA, AGE. 48 YEARS, OCC. CATERING, R/O. LIG 554/555 14TH CROSS, NAVANAGAR, HUBBALLI-580025. &PETITIONER (BY SRI. SHRIDHAR H.VEERAPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE APMC NAVANAGAR HUBBALLI POLICE STATION, DHARWAD, R/BY H.C.G.P., HIGH COURT BUILDING BENCH, DHARWAD-580011. 2. VICTIM, R/O. H.NO.160, CITY PARK, NEAR PETROL PUMP, GAMANAGATTI ROAD, NAVANAGAR-580025. &RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. SAIYAD D.MULLA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023) PRAYING TO, ENLARGE THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN THE APMC NAVANAGAR HUBBALLI PS CRIME NO.60/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 115, 127, 64, 352, 351(3), 74 R/W 3(5) OF BHARATIYA NYAYA SANHITA, WHICH IS PENDING BEFORE THE III ADDL. SENIOR CIVIL JUDGE AND JMFC COURT HUBBALLI, TO MEET THE BEST INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16189 CRL.P No. 104348 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of anticipatory bail in Crime No.60/2025 of respondent No.1/Police for the offence under Sections 115, 127, 64, 74, 351(3), 352 r/w. Section 3(5) of the Bharatiya Nyaya Sanhita, 20231. Brief facts of the case; 2. The case of the prosecution is that, the complainant is the resident of Navanagara Hubballi. The complainant, after the death of her husband was staying alone at home. During said period, she got acquainted with the petitioner. The petitioner was doing catering business, taking advantage of acquaintance, he insisted the complainant to accompany him in his catering work. 1 For short ’BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:16189 CRL.P No. 104348 of 2025 Considering the necessity of the said employment she had agreed to work along with the petitioner. 3. In the month of November-2021, it is alleged that the petitioner had called the complainant on the pretext of talking about catering work. Accordingly, she went to the house, during the said period nobody was there in the house. However, the petitioner had committed sexual intercourse stating that he would take care of her family and she should not lodge any complaint before the Police. 4. It is further submitted that, the elder sister of the petitioner was also supporting the petitioner to commit sexual intercourse with the victim. In the month of February-2025, the wife of the petitioner namely Anita Vaidya had also quarrelled with the victim by scolding her in a filthy language and extorted the amount of Rs.15 Lakhs from her and threatened her that, if she failed to give the said amount, her children would be killed in accident. - 4 - HC-KAR NC: 2025:KHC-D:16189 CRL.P No. 104348 of 2025 5. Based on the complaint, the respondent No.1/Police have registered a case in Crime No.60/2025. The investigation is under progress. 6. Heard Sri.Sridhar H. Veerapur, learned counsel for the petitioner, Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.1/State and Sri.Saiyad D. Mulla, learned counsel for the respondent No.2. 7. The submission of the learned counsel for the petitioner is that, the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The alleged incident has taken place from November-2021 to 11.06.2025. However, a complaint came to be registered on 11.06.2025. 8. It is further submitted that the inordinate delay in lodging the complaint which had taken place in the year 2021, has not been explained properly. Therefore, the petitioner may be enlarged on bail by imposing suitable - 5 - HC-KAR NC: 2025:KHC-D:16189 CRL.P No. 104348 of 2025 conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. 9. Per contra, the learned High Court Government Pleader for respondent No.1/State vehemently submitted that, the petitioner taking advantage of the innocence of the victim, had committed rape on her. In addition to that, the wife of the accused/petitioner had assaulted her and she was demanding amount of Rs.15 Lakhs from the complainant in order to continue the said relationship with the petitioner. Therefore, it is not appropriate to grant bail to the petitioner. By making such submissions, learned High Court Government Pleader prays to reject the petition. 10. Similarly, learned counsel for respondent No.2 adopted the arguments of learned High Court Government Pleader for respondent No.1/State and prays to reject the petition. 11. Having heard the learned counsel for the respective parties and on perusal of the averments of the - 6 - HC-KAR NC: 2025:KHC-D:16189 CRL.P No. 104348 of 2025 complaint, it appears that the alleged incident had occurred in the month of November-2021. However, a complaint came to be registered in the year 2025 after lapse of almost four years. Considering the said delay in lodging the complaint especially in a case of such nature, is unsustainable. Hence, it is appropriate to grant bail as prayed for. 12. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.60/2025 of respondent No.1/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; - 7 - HC-KAR NC: 2025:KHC-D:16189 CRL.P No. 104348 of 2025 (a) The petitioner shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (b) The petitioner shall co-operate with investigation till filing of the charge-sheet. (c) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (d) The petitioner shall appear before the Trial Court on all hearing dates without fail. (e) The petitioner shall not commit any criminal cases till disposal of the case. - 8 - HC-KAR NC: 2025:KHC-D:16189 CRL.P No. 104348 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 24