- 1 - NC: 2025:KHC-D:6632 CRL.P No. 101521 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101521 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. SOHEL JAHANGIR PATHAN AGE: 24 YEARS, OCC. BUSINESS, R/O. GUMMATAGALLI, RAIBAG-591317, TQ. RAIBAG, DIST. BELAGAVI. …PETITIONER (BY SRI. H.R. DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA THE P.S.I., RAIBAG P.S., RAIBAG-591317, TQ. RAIBAG, DIST. BELAGAVI. R/BY. THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT: DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, SEEKING THAT THE PETITION BE ALLOWED AND THE PETITIONER/ACCUSED MAY BE ENLARGED ON A REGULAR BAIL IN CR.NO. 19/2025 OF RAIBAG P.S. FOR THE OFFENCE SECTIONS 126(2), 109, 79, 352, 351(3) OF B.N.S.S. 2023 PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AND J.M.F.C. COURT RAIBAG. DIST BELAGAVI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.21 16:38:27 +0530 - 2 - NC: 2025:KHC-D:6632 CRL.P No. 101521 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri H.R. Deshpande, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 with the following prayer: “The petition be allowed and the petitioner/accused may be enlarged on a regular bail in Cr.No. 19/2025 of Raibag P.S. for the offence Sections 126(2), 109, 79, 352, 351(3) of B.N.S.S. 2023 pending on the file of the Prl. Civil Judge (Jr.Dn.) and J.M.F.C. Court Raibag. Dist. Belagavi.“ 3. Facts in the nutshell which are utmost necessary for disposal of the petition are as under: Victim lady filed a complaint with Raibag Police Station which was registered in Crime No.19/2025 on - 3 - NC: 2025:KHC-D:6632 CRL.P No. 101521 of 2025 16.01.2025 for the offences punishable under Sections 126(2), 109, 79, 352, 351(3) Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’, for short). 4. Gist of the complaint averments would reveal that the petitioner was pestering the victim lady to have sexual relationship and when she refused, he went to the extent of taking away her life by strangulation. 5. Based on the complaint, Police after registering the case thoroughly investigated the matter inter alia arrested the petitioner and filed the charge sheet. 6. Bail request of the petitioner was turned down by the District Judge by order dated 01.02.2025. Thereafter the petitioner is before this Court. 7. Sri H.R. Deshpande, learned counsel for petitioner would contend that the entire allegations levelled against the petitioner are incorrect and petitioner is innocent of the offences against him. Since he has cooperated with the investigation, continuation of the - 4 - NC: 2025:KHC-D:6632 CRL.P No. 101521 of 2025 petitioner in judicial custody is no longer warranted and sought for grant of bail. 8. Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent opposes the bail grounds. 9. Having heard the arguments of both the sides in detail, this Court perused the material on record meticulously. 10. On such perusal of the material on record, it is found that even though there are prima facie materials against the petitioner, which would substantiate the filing of the charge sheet, continuation of the accused in judicial custody is no longer warranted as charge sheet is filed. 11. Other apprehension of the prosecution can be met with by imposing suitable and stringent conditions. 12. Accordingly, following order is passed. - 5 - NC: 2025:KHC-D:6632 CRL.P No. 101521 of 2025 ORDER i. The criminal petition is allowed. ii. Petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.50,000/- [Rupees Fifty Thousand only] with one surety for the likesum to the satisfaction of the learned Trial Court. iii. Petitioner shall not tamper the prosecution witnesses in any manner. iv. Petitioner shall not leave the jurisdiction of Belagavi District without prior permission. v. Petitioner shall attend the court regularly. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 20