- 1 - HC-KAR NC: 2025:KHC-D:7309 CRL.P No. 102007 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102007 OF 2025 (438(Cr.PC)/482(BNSS) BETWEEN: NEELAPPA S/O. SHIVARAYAPPA LINGADAHALLI, AGE: 20 YEARS, OCC: STUDENT, R/O. BHARADI VILLAGE, TQ/DIST. HAVERI-581110. …PETITIONER (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HAVERI WOMEN POLICE STATION, NOW REPTD. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT. DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (U/S 482 OF BNSS, 2023) SEEKING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN HAVERI WOMEN PS CRIME NO.0047/2025 REGISTERED PURSUANT TO THE COMPLAINT AND FIR VIDE ANNEXURE-A AND B DATED 03.05.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(2(M), 351(2) AND 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS) 2023 (SECTIONS 376, 506 AND 34 OF IPC), 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:7309 CRL.P No. 102007 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent – State. 2. The petitioner/accused No.1 has filed this petition under Section 438 of Cr.P.C., [482 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant bail in Crime No.47/2025 of respondent/Police for the offences punishable under Sections 64(2)(m), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case is as under; On 03.05.2025 at about 12:30 p.m., the first informant lodged the complaint to the respondent/police alleging that the accused and victim are neighbors, residents of Bharadi village, who developed a friendship about 5-6 months prior to the institution of the complaint. The petitioner also promised the victim to marry her, and on that premise, the accused took the victim to Hoysala Lodge, situated at Haveri, where he committed rape on her against her will and consent, and he did - 3 - HC-KAR NC: 2025:KHC-D:7309 CRL.P No. 102007 of 2025 not marry her. Hence, victim girl lodged a complaint to the respondent/police. 4. It is contended that the allegations made against the petitioner are false, there is a inordinate delay of 4 months in lodging the FIR and no proper explanation has been offered by the first informant. The petitioner is aged about 20 years and the victim girl is aged about 21 years as on the date of incident. The petitioner is studying Bachelor of Arts degree and he is ready to abide by the conditions to be imposed by this Court. 5. Per contra, Learned High Court Government Pleader contended that petitioner has committed a serious offence of sexual assault on victim girl, hence there is prima facie case against him. If petitioner is released on bail, he may tamper the prosecution witnesses, he may influence the victim and there is likelihood of he fleeing away from justice. 6. Perused the material available on record including the bail petition, FIR, complaint and other material produced in this case. On perusal of the material available on record, it appears that as on the date of incident, petitioner was aged - 4 - HC-KAR NC: 2025:KHC-D:7309 CRL.P No. 102007 of 2025 about 20 years and victim was aged about 21 years. The victim has categorically stated that the petitioner/accused committed forcible sexual intercourse on her in Hoysala lodge situated at Haveri town against her will and consent. 7. Even in her statement recorded under Sections 161 and 164 of Cr.P.C., she has stated that, it was forcible sexual intercourse on her. No doubt, there is delay of four months in lodging the complaint. The aspect of delay has been properly explained by the victim and she has also explained that there was a threat by the petitioner. 8. The medical records also revealed that, hymen is ruptured and there was a evidence of sexual intercourse on the victim girl. The question of consent would be the matter of evidence and it requires trial. 9. Having regard to the materials placed on record, the prosecution has placed prima facie materials to prove the involvement of the petitioner in committing alleged offences which attracts the aforesaid offences. Now the investigation is not completed and I.O is yet to file the charge-sheet. Moreover, the petitioner shall be examined by the medical officer and his - 5 - HC-KAR NC: 2025:KHC-D:7309 CRL.P No. 102007 of 2025 presence is required before the I.O and the remaining witnesses are to be examined by the I.O. If petitioner is released on bail, he may threaten the prosecution witnesses and may hamper the investigation. Therefore, considering all these aspects of the matter, it is not a fit case for grant of bail. Accordingly, the petition is rejected. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 24