- 1 - HC-KAR NC: 2025:KHC-D:11067 CRL.P No. 103301 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103301 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SAIYED SULTAN DHARVESH, (EARLIER WRONGLY RECORDED AS GANGHADAR @ SULTAN S/O NINGAPPA PATIL @ DHARMESH), AGE. 48 YEARS, OCC. HERBAL PRODUCTS SELLER, R/O. MAJESTIC COTTON PETH, TAVAKAL, MASTAN DARGA, BENGALURU-560 053. … PETITIONER (BY SRI. RAVICHANDRAGOUDA R. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, VIDYAGIRI POLICE STATION, DIST. DHARWAD, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO.138/2025 PENDING ON THE FILE OF III SENIOR CIVIL JUDGE C.J.M. JUDGE, AT: DHARWAD AS ATTACHED IN VIDYAGIRI POLICE STATION CRIME NO.138/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 115(2), 127(2), 308(2), 352 AND 351(2) OF BNS, IN THE INTEREST 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:11067 CRL.P No. 103301 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.138/2025 registered by Vidyagiri Police Station, Hubli Dharwad City, for the offences punishable under Sections 109, 115(2), 127(2), 308(2), 352 and 351(2) of BNS, 2023, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.138/2025 was registered by Vidyagiri Police Station, Hubli Dharwad City, for the aforesaid offences against the petitioner based on the first information dated 24.07.2025 received from the victim boy aged about 18 years 8 months. During the course of investigation, petitioner was arrested on 25.07.2025. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.327 of 2025 was rejected on 07.08.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:11067 CRL.P No. 103301 of 2025 4. In the typed first information submitted by the victim, he has alleged that he got acquainted to the petitioner in the month of March 2025. The petitioner allegedly had called him over his mobile phone and asked him to bring food to him and when he went to the house of the petitioner, he allegedly threatened him and thereafter, had unnatural sex with him. He has alleged that this act was repeated by the petitioner on multiple occasions. On 23.07.2025, petitioner allegedly confined the first informant in his house and after abusing him, assaulted him with his hand and held a knife against his neck and threatened to commit his murder. Victim allegedly managed to escape and thereafter, approached the police on 24.07.2025. 5. Statement of the victim under Section 183 of BNSS 2023 has been recorded by the jurisdictional Magistrate on 23.08.2025. In the said statement, victim has not made any allegation against the petitioner about he having unnatural sex with him at any point of time. The only allegation against the petitioner is that he was - 4 - HC-KAR NC: 2025:KHC-D:11067 CRL.P No. 103301 of 2025 harassing and torturing the victim boy and on 23.07.2025, he had held the knife against his neck and had threatened him. Undisputedly, victim had not suffered any injury in the incident that had taken place on 23.07.2025. 6. Learned HCGP has fairly submitted that victim boy has refused to undergo medical examination. 7. Therefore, at this stage there is nothing to suggest about the alleged act of unnatural sex by the petitioner with the victim boy. Petitioner has no other criminal antecedent. Under these circumstances, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.138/2025 registered by Vidyagiri Police Station, Hubli Dharwad City for the offences punishable under Sections 109, 115(2), 127(2), 308(2), 352 and 351(2) - 5 - HC-KAR NC: 2025:KHC-D:11067 CRL.P No. 103301 of 2025 OF BNS, 2023, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 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; 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 VMB CT:BCK LIST NO.: 1 SL NO.: 31