- 1 - NC: 2025:KHC-D:7165 CRL.P No. 100457 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 08TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO.100457 OF 2025 (439 OF CR.P.C./483 OF BNSS) BETWEEN: BASAVRAJ S/O. TAYAPPA KITTUR, AGE: 52 YEARS, OCC: MASON, R/AT: NEAR DURGADEVI TEMPLE, VADDAR ONI, GOPANKOPPA, TQ: HUBBALLI, DIST: DHARWAD – 580 020. …PETITIONER (BY SRI GOURI SHANKAR MOT, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA, ASHOKNAGAR POLICE STATION, HUBBALLI, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. MADEVI D/O. HANAMANTAPPA NAVALLI, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/AT: BEVINKATTI’S HOUSE, VADDAR ONI, GOPANKOPPA, TQ: HUBBALLI, DIST: DHARWAD – 580 020. …RESPONDENTS (BY SRI RAMESH CHIGARI, ADDITIONAL GOVERNMENT ADVOCATE, FOR R1; R2 – NOTICE SERVED.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN ASHOKNAGAR POLICE STATION CRIME NO.8/2024 PENDING ON THE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7165 CRL.P No. 100457 of 2025 FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN S.C.NO.5040/2024, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376, 450 OF IPC, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Petitioner/accused has field this petition under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as the accused is in Judicial Custody in S.C.No.5040/2024, on the file of I Additional District and Sessions Judge, Dharwad, sitting at Hubballi, for the offence punishable under sections 376 and 450 of Indian Penal Code, 1860 (‘IPC’ for short) as the accused is in Judicial Custody from 01.02.2024. 2. Learned Additional Government Advocate has filed objections. 3. Heard arguments on both the sides. - 3 - NC: 2025:KHC-D:7165 CRL.P No. 100457 of 2025 4. Learned counsel appearing for the petitioner has reiterated the averments/grounds urged in the memorandum of bail petition. 5. Learned Additional Government Advocate has also urged the averments made in the statement of objections. 6. On the basis of the complaint filed by the victim, Ashok Nagar Police have registered a case in Crime No.8/2024 and submitted FIR to the Court for the offence punishable under sections 376 and 450 of IPC. After investigation, the Investigating Officer submitted charge sheet against the accused for the offence punishable under sections 376 and 450 of IPC. The substance of accusation made in the charge sheet is as under: ªÀiÁ£Àå WÀ£À £ÁåAiÀiÁ®AiÀÄzÀ ªÁå¦ÛAiÀÄ°è §gÀĪÀ ºÀħâ½î, C±ÉÆÃPÀ£ÀUÀgÀ ¥Éǰøï oÁuÉAiÀÄ ºÀ¢ÝAiÀÄ ¥ÉÊQ ºÀħâ½î, UÉÆÃ¥À£ÀPÉÆ¥Àà ªÀqÀØgÀ Nt zÀÄUÁðzÉë zÉêÀ¸ÁÜ£ÀzÀ »AzÉ ¨Éë£ÀPÀnÖ, EªÀgÀ ªÀÄ£ÉAiÀÄ°è ¨ÁrUÉUÉ ªÁ¸ÀªÁVgÀĪÀ C«ªÁ»vÀgÁzÀ ¦AiÀiÁðzÀĪÁgÀgÀÄ ¢£ÁAPÀ: 31/01/2024 gÀAzÀÄ gÁwæ ªÀÄ£ÉAiÀÄ°è ªÀÄ®VzÁÝUÀ ¢£ÁAPÀ: 01-02-2024 gÀAzÀÄ ¨É¼ÀV£À 01-00 UÀAmÉAiÀÄ ¸ÀĪÀiÁjUÉ EzÀgÀ°èAiÀÄ DgÉÆævÀ §¸ÀªÀgÁd QvÀÆÛgÀ EªÀ£ÀÄ ¦AiÀiÁðzÀÄzÁgÀgÀ ªÀÄ£ÉAiÀÄ »vÀÛ® ¨ÁV® MzÀÄÝ M¼ÀUÉ ºÉÆÃV ¦AiÀiÁðzÀÄzÁgÀgÀ ¨Á¬Ä ªÀÄÄaÑ UÀnÖAiÀiÁV »rzÀÄ §®ªÀAvÀªÁV zÉÊ»PÀ ¸ÀA¨sÉÆÃUÀ ªÀiÁr CvÁåZÁgÀªÉ¸ÀVzÀ C¥ÀgÁzsÀ. - 4 - NC: 2025:KHC-D:7165 CRL.P No. 100457 of 2025 7. It is submitted by the learned counsel for the petitioner that accused was arrested on 01.02.2024; accused is not required for further investigation; and medical report is negative. 8. Absolutely there is no prima facie material to attract the alleged offences. However, the petitioner is ready to abide by the conditions to be imposed by this Court. 9. At this stage, without expressing any opinion on the merits of the case, taking into consideration of the period of detention the accused is in Judicial Custody from the date of his arrest, i.e., on 01.02.2024 and nature of accusation made against this accused, I am of the considered opinion that it is just and proper to release the accused on bail with conditions. Accordingly, I proceed to pass the following: ORDER i) The Criminal Petition filed by the petitioner/accused under section 483 - 5 - NC: 2025:KHC-D:7165 CRL.P No. 100457 of 2025 of Bharatiya Nagarik Suraksha Sanhita, 2023, is hereby allowed. ii) The petitioner/accused shall be released on bail on executing a personal bond for a sum of Rs.1,00,000/- (One Lakh Rupess Only) along with a surety for the like sum to the satisfaction of the trial Court. iii) The petitioner/accused shall make himself available for interrogation by the Investigating Officer as and when required. iv) The petitioner/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from - 6 - NC: 2025:KHC-D:7165 CRL.P No. 100457 of 2025 disclosing such fact to the Court or to the Investigating Officer. v) The accused shall not tamper the prosecution witnesses in any manner. SD/- (G BASAVARAJA) JUDGE MRK CT-ASC List No.: 1 Sl No.: 22