- 1 - HC-KAR NC: 2025:KHC-D:14789 CRL.A No. 100651 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100651 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SHRI K. DEVANNA S/O. IRANNA, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. MUSTAGATTE VILLAGE-580009, KURUGODU TQ., DIST. BALLARI. …APPELLANT (BY SRI J.BASAVARAJ, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA, (THROUGH KURUGODU P.S. BALLARI DIST.) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580011. 2. VICTIM, R/O. MUSTAGATTE VILLAGE-583116, KURUGODU TQ., DIST. BALLARI. …RESPONDENTS (BY SRI PRAVEEN Y.DEVAREDDI, HIGH COURT GOVERNMENT PLEADER FOR R1; NOTICE TO R2 IS SERVED.) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A(2) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 (UNDER SECTION 483 OF Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14789 CRL.A No. 100651 of 2025 BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE ORDER DATED 23.09.2025, PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, F.T.S.C-I, BALLARI, IN SPL.C.NO.1003/2025 AND ENLARGE THE APPELLANT ON REGULAR BAIL IN CRIME NO.162/2025 OF KURUGOD P.S., PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, F.T.S.C-I, BALLARI, IN SPL.C.NO.1003/2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 64(2)(M), 96, 54, 351(2), 3(5), 127(1) OF BHARATIYA NYAYA SANHITA, 2023 AND SECTION 3(1)(R), 3(1)(S), 3(2)(V-A) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 AND GRANT REGULAR BAIL IN FAVOUR OF THE APPELLANT/ACCUSED NO.1, IN THE INTEREST OF JUSTICE. THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The appellant, who is accused No.1, is before this Court seeking for grant of regular bail in Crime No.162/2025, of respondent police, pending before the Additional District and Sessions Judge, FTSC-I, Ballari, in Spl.C.No.1003/2025. 2. The case of the prosecution is that, the victim/respondent No.2 lodged a complaint before respondent No.1 police stating that, she was working as Anganawadi Teacher in Mushtagatte village of Kurugodu - 3 - HC-KAR NC: 2025:KHC-D:14789 CRL.A No. 100651 of 2025 Taluk in Ballari district since 2½ years. She knew the appellant. For the past one year, whenever she used to go to Kurugodu town on her personal work, the appellant used to take her on his motorcycle. During the said period the appellant is stated to have proposed her for marriage. 3. On 11.11.2024, respondent No.2 was returning from village. At that time the appellant took her to the field at about 06.00 p.m., and stated to have committed sexual intercourse on her on the pretext of false promise of marriage. 4. It is further stated that again, on 06.05.2025 around about 10.30 a.m., the appellant and his friend accused No.2 took her to hill place, accused No.2 instigated the appellant to have sex with her, so that she will not go anywhere. Accordingly, the appellant committed sexual intercourse on her. Likewise, the appellant had committed repeated sexual intercourse with respondent No.2 on the pretext of marriage. When he refused to marry her, she - 4 - HC-KAR NC: 2025:KHC-D:14789 CRL.A No. 100651 of 2025 lodged a complaint on 30.06.2025. The respondent police registered a case in Crime No.162/2025 for the offences shown therein. After conducting the investigation, the police have submitted the charge sheet. 5. Heard Sri J.Basavaraj, learned counsel for the appellant and Sri Praveen Y. Devaraddi, learned High Court Government Pleader for the respondent No.1 State and perused the material placed before the Court. 6. It is the submission of the learned counsel for the appellant that, appellant is innocent of the alleged offences and he has been falsely implicated in this case. In fact, the respondent No.2 intends to marry the appellant. When he refused to marry her, a false case has been registered against him in order to take revenge. Though, it is alleged that on 11.11.2024 she had been subjected to sexual assault by the appellant, the complaint came to be registered on 30.06.2025, which indicates that no such incident had taken place between appellant and the victim. - 5 - HC-KAR NC: 2025:KHC-D:14789 CRL.A No. 100651 of 2025 7. It is further submitted that, the appellant is the permanent resident of Mushtagatte Village and he is aged about 38 years and he was doing agriculture activities and he is the earning member of the family. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the appellant prays to allow the appeal. 8. Per contra, learned High Court Government Pleader vehemently submitted that the appellant herein had committed sexual intercourse with respondent No.2 on several occasions on the pretext of marriage. However, he refused to marry her on account that she belongs to scheduled caste. The ingredients are very much clear in the complaint. Therefore, he is not entitled for bail. Making such submissions, he prays to reject the appeal. 9. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it is made it clear that the appellant is stated - 6 - HC-KAR NC: 2025:KHC-D:14789 CRL.A No. 100651 of 2025 to be the resident of same village. Though, it is stated that on 11.11.2024 the appellant had committed sexual intercourse with respondent No.2, the fact remains that she did not disclose the said facts to anybody either to the parents or any other family members nor she has taken any steps to file a criminal case against the appellant at the earliest. However, she lodges a complaint on 30.06.2025 stating that, the appellant refused to marry her. 10. Having considered the facts and circumstances of the case and also the age of the appellant, it is appropriate to grant the relief as prayed for. Hence I proceed to pass the following: ORDER i) The appeal is allowed. ii) The appellant is ordered to be enlarged on bail in Crime No.162/2025, of respondent police, pending before the Additional District and Sessions Judge, FTSC-I, Ballari, - 7 - HC-KAR NC: 2025:KHC-D:14789 CRL.A No. 100651 of 2025 in Spl.C.No.1003/2025, on executing his personal bond for a sum of ₹1,00,000/- (One Lakh Rupees) with one surety for the like sum, to the satisfaction of the trial Court. iii) The appellant shall appear before the Court on all hearing dates without fail. iv) The appellant shall not threaten the prosecution witnesses. v) The appellant shall not commit similar or any other criminal offences till disposal of the case. In case, the appellant violates any of the conditions enumerated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 3