Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 53477 (KAR)

VINODRAJ LINGRAJ PATIL v. THE STATE OF KARNATAKA

CRL.P/102827/2025 · 2025-07-29

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:9321 CRL.P No. 102827 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102827 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: VINODRAJ LINGRAJ PATIL, AGE: 23 YEARS, OCC: NIL, C/O. LINGARAJ PATIL, #12 PARASWADI SHANTI NAGAR, BENGERI ROAD, KESHWAPUR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 023. … PETITIONER (BY SRI. CHANDRASHEKAR R.P., ADVOCATE) AND: THE STATE OF KARNATAKA, BY VIDYANAGAR P.S., HUBBALLI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, 2023, PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN CRIME NO.73/2025 REGISTERED WITH VIDYANAGAR POLICE STATION HUBLI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 74, 115(2), 329(4), 352, 351(2) OF BNSS NOW PENDING ON THE FILE OF 1ST ADDL CJ (JR.DN) COURT HUBLI WITH A DIRECTION TO THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9321 CRL.P No. 102827 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.73/2025 registered by Vidyanagar Police Station, Hubballi, Dharwad District registered for the offences punishable under Sections 115(2), 329(4), 352, 351(2) of Bharatiya Nyaya Sanhita, 2023, is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.73/2025 was registered by Vidyanagar Police Station, Hubballi, Dharwad District for the aforesaid offences against the petitioner herein based on the first information dated 22.05.2025 received from Chidanand Kamatagi. Apprehending arrest, the petitioner had filed Criminal Miscellaneous No.5397/2025 before the Jurisdictional Sessions Court which was dismissed on 07.07.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds in the petition submitted that maximum punishment for alleged offence is imprisonment for a period of - 3 - HC-KAR NC: 2025:KHC-D:9321 CRL.P No. 102827 of 2025 five years. Petitioner has no criminal antecedent. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition submits that even prior to the alleged incident, petitioner had threatened the victim girl with dire consequences to her life and also had threatened to pour acid on her. Accordingly, she prayed to dismiss the petition. 6. In the first information which is submitted by the father of the victim girl, aged 21 years, he has stated that on 21.05.2025, the petitioner who trespassed into their compound wall allegedly informed the fist informant that he was in love with his daughter and she was also loving him. He allegedly asked the first informant to send his daughter with him and also caught hold of the hand of first informant’s daughter and tried to outrage her modesty. In the first information, it is further alleged that even earlier, the petitioner had threatened the victim girl with dire consequences if she does not love him and he also had threatened to pour acid on her. 7. Statement of the victim girl under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been recorded - 4 - HC-KAR NC: 2025:KHC-D:9321 CRL.P No. 102827 of 2025 in the present case. In the said statement, she has not made any such allegation about the incidents that had taken place prior to the present incident in question which had taken place on 21.05.2025. The maximum punishment for the alleged offence is imprisonment for a period of five years. Undisputedly, the petitioner, who is aged about 23 years has no other criminal antecedent. He undertakes to cooperate with the Police for the purpose of investigation. Therefore, I am of the opinion that the prayer made by the petitioner needs to be answered affirmatively. Accordingly, the following: ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.73/2025 registered by Vidyanagar Police Station for the offences punishable under Sections 115(2), 329(4), 352, 351(2) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall - 5 - HC-KAR NC: 2025:KHC-D:9321 CRL.P No. 102827 of 2025 execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE Rsh/CT:BCK LIST NO.: 1 SL NO.: 39