- 1 - HC-KAR NC: 2025:KHC-D:10344 CRL.P No. 102754 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102754 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHIVANAND @ KUMAR S/O CHANNABASAPPA HULJOGI, AGE. 31 YEARS, OCC. SECURITY GUARD, R/O. SOMAPUR ONI, NEAR 3RD NUMBER GOVT. SCHOOL, NARGUND, DIST. GADAG, PIN CODE-582 207. … PETITIONER (BY SRI. VASANT G. HOLEYANNAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH KASABAPETH POLICE STATION, HUBBALLI-580 024. 2. XXX AGE. 21 YEARS, OCC. PVT. WORK, R/O. TAJAPUR VILLAGE, TQ. TIKOTA, DIST. VIJAYAPUR-586 130. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO RELEASE OF THE PETITIONER/ACCUSED ON BAIL IN SESSIONS CASE NO.5039/2025 I.E., KASABAPETH POLICE STATION CRIME NO.129/2024 FOR THE OFFENCE UNDER SECTIONS 376(2)(N), 417, 506 OF IPC, THE FIR AND COMPLAINANT AND CHARGE SHEET ARE PENDING ON THE OF VTH ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT:HUBBALLI, AND ALLOW THIS BAIL PETITION. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10344 CRL.P No. 102754 of 2025 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 S.C.No.5039/2025 pending before the V Additional District and Sessions Court, Dharwad sitting at Hubli arising out of Crime No.129/2024 registered by Kasabapeth Police Station, Hubli-Dharwad for the offences punishable under Sections 376(2)(n), 417, 506 of IPC, is before this Court under Section 439 of Cr.P.C. 483 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.129/2024 was registered by Kasabapeth police station, Hubli-Dharwad for the aforesaid offences against the petitioner herein based on the first information dated 20.12.2024 received from victim lady aged about 21 years. During the course of investigation, petitioner was arrested on 23.12.2024. After completing investigation, charge sheet has been filed against him for - 3 - HC-KAR NC: 2025:KHC-D:10344 CRL.P No. 102754 of 2025 the aforesaid offences. His bail application filed before the trial Court in S.C.No.5039/2025 was rejected on 20.06.2025. Therefore, he is before this Court. 4. In the first information submitted by the victim lady aged 21 years, she has stated that her parents had died due to certain illness. She was a H.I.V. patient and she was admitted in a State Home from 2009 to 2021 and was released. When she was in the hostel, she got acquainted to Ganga, who is the sister of the petitioner. On 2.03.2024, Ganga -CW9 had taken her along with her and introduced her to the petitioner and thereafter, she started staying with the petitioner in a room. She has alleged the first information that even petitioner was H.I.V. patient and he had sexual intercourse with her stating that he was in love with her. She has alleged that on 19.06.2024, petitioner had taken her to a farmland and had forcible sexual intercourse with her and thereafter, she had faced serious health problems. Petitioner allegedly threatened her of dire consequences if she inform about - 4 - HC-KAR NC: 2025:KHC-D:10344 CRL.P No. 102754 of 2025 the act committed by him to anybody. It is in this background, on 13.11.2024 she had approached the police and based on her first information, FIR was initially registered in Crime No.103/2024 by Vijayapura Women Police Station for the aforesaid offences, which was subsequently transferred to Kasabapeth Police Station, Hubli-Dharwad for want of jurisdiction and was numbered in Crime No.129/2024. 5. Petitioner, who has no other criminal antecedent, is in custody in the present case from 23.12.2024. Investigation of the case is completed and charge has been filed. Perusal of the averments found in the first information and also the allegations found in the charge sheet would go to show that the petitioner and the victim girl were staying together in a room and they had a consensual relationship. There is no such allegation in the first information that with a promise to marry the victim girl, petitioner had induced her to have sex with him. The - 5 - HC-KAR NC: 2025:KHC-D:10344 CRL.P No. 102754 of 2025 victim lady has stated that she is a H.I.V. patient from the year 2009 onwards. 6. Considering the nature of allegations found in the first information, the fact that petitioner has no other criminal antecedents and also taking into consideration that the victim girl stayed with the petitioner in his room for considerable period and had sex with him, I am of the opinion that the prayer made by the petitioner in the application 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 S.C.No.5039/2025 pending before the V Additional District and Sessions Court, Dharwad sitting at Hubli arising out of Crime No.129/2024 registered by Kasabapeth Police Station, Hubli-Dharwad for the - 6 - HC-KAR NC: 2025:KHC-D:10344 CRL.P No. 102754 of 2025 offences punishable under Sections 376(2)(n), 417, 506 of IPC, 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.: 28