- 1 - HC-KAR NC: 2025:KHC-D:10883 CRL.P No. 101983 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101983 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KHADARBASHA S/O KHAJA HUSEN, AGE. 30 YEARS, OCC. COOLIE, R/O. 5TH WARD SOUDHAGAR MOHALLA, TQ. SIRUGUPPA, DIST. BALLARI-583 101. … PETITIONER (BY SRI B.C. JNANAYYASWAMY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH WOMEN P.S. BALLARI), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-590 001. 2. SMT. SHAHIN S/O. LATE MOHAMMAD GOUSE, AGE. 24 YEARS, OCC. HOUSE HOLD, R/O. 28TH WARD. ASHRAYA COLONY, BANDIHATTI ROAD, COWAL BAZAR, BALLARI-583 101. CAUSE TITLE AMENDED AS PER ORDER DATED 03.06.2025. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. SABEEL AHMED, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THIS RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10883 CRL.P No. 101983 of 2025 PETITION AND ENLARGE THE PETITIONER/ACCUSED ON BAIL IN SPL.C.NO.325/2025 PENDING ON THE FILE OF LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BALLARI, ARISING OUT OF CRIME NO.148/2024 REGISTERED BY WOMEN POLICE STATION BALLARI, FOR THE OFFENCES UNDER SECTIONS 376(2)(N), 406, 420, 504 AND 506 OF IPC, PENDING TRIAL OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Spl.C.No.325/2025 pending before the Court of Addl. District & Sessions Judge, FTSC-1, Ballari, arising out of Crime No.148/2024 registered by Ballari Women Police Station, Ballari, for the offences punishable under Sections 376(2)(n), 406, 420, 504 & 506 of IPC, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.148/2024 was registered by Ballari Women Police Station, Ballari, for the aforesaid offences agains the petitioner herein based on the first information dated - 3 - HC-KAR NC: 2025:KHC-D:10883 CRL.P No. 101983 of 2025 20.10.2024 received from the victim lady aged about 24 years. During the course of investigation of the case, petitioner herein was arrested on 08.01.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court was rejected 24.04.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the first informant is a widow and her husband had died in the year 2021 in a road traffic accident. Thereafter, she got acquainted to the petitioner through social media and they were exchanging messages and subsequently, they met each other. It is alleged that on 06.06.2022, petitioner with a promise to marry the victim lady, allegedly had sexual intercourse with her and subsequently had refused to marry her. 5. The material on record would go to show that the petitioner and the victim lady are known to each other and they were in relationship for the last more than two years. 6. Learned Counsel appearing for respondent no.2 has submitted that respondent no.2 has no objection for granting bail - 4 - HC-KAR NC: 2025:KHC-D:10883 CRL.P No. 101983 of 2025 to the petitioner. Even otherwise, the material on record would go to show that the parties were in consensual relationship and only after the same had failed, the victim had approached the police. Under the circumstances, I am of the opinion that petitioner’s prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.325/2025 pending before the Court of Addl. District & Sessions Judge, FTSC-1, Ballari, arising out of Crime No.148/2024 registered by Ballari Women Police Station, Ballari, for the offences punishable under Sections 376(2)(n), 406, 420, 504 & 506 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 5 - HC-KAR NC: 2025:KHC-D:10883 CRL.P No. 101983 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 22