- 1 - HC-KAR NC: 2025:KHC-D:13736 CRL.P No. 103918 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103918 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: HANAMANT S/O. LACCHAPPA SANKANNAVAR, AGE. 26 YEARS, OCC. AGRICULTURE, R/O. TULASIGERI VILLAGE, BAGALKOT, TQ. AND DIST. 580009. …PETITIONER (BY SRI. J. BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH BAGALKOT WOMEN P.S. BAGALKOT DIST.) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO, ALLOW THIS PETITION, ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.38/2025 NOW ON THE FILE OF PRL. CIVIL JUDGE, (SR.DN) AND CJM, BAGALKOT REGISTERED IN CRIME NO.38/2025 BY BAGALKOT WOMEN P.S., BAGALKOT DIST., FOR OFFENCES UNDER SECTION 69 OF BNS PENDING INVESTIGATION AND TRIAL OF THE CASE AND IN THE INTEREST OF JUSTICE. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13736 CRL.P No. 103918 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner is before this Court seeking for regular bill in Crime No.38/2025 for the offence punishable under Section 69 of Bharatiya Nyaya Sanhita, 20231. Brief facts of the case are as under; 2. It is the case of the prosecution that, the victim was studying in a Diploma in Government Polytechnic College at Rabakavi in the year-2020. The petitioner was the Senior of the victim girl and they developed intimacy. It is further alleged that, on the pretext of marriage, he committed sexual intercourse on several occasions. Initially, the said act has been committed on 30.09.2022. However, the complaint came to be registered on 05.08.2025. The respondent/Police registered a case for the offence punishable under Section 69 of BNS, 2023. 3. It is the submission of the learned counsel for the petitioner that, the petitioner has never promised the victim girl 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:13736 CRL.P No. 103918 of 2025 that he would marry her and no sexual intercourse had been taken place between them. She was voluntarily loving the petitioner, and she proposed for marriage and when he refused to marry her, she filed a false case against the petitioner. 4. It is further submitted that the petitioner is aged about 26 years and working as an agriculturist and permanent resident of Tulasigeri village and he is ready to abide by the conditions imposed by this Court in the event of his release on bail. Hence, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader vehemently submitted that an act of sexual intercourse committed against the women is atrocious. It is being taken place rampantly nowadays. In order to regulate such false promises and also avoid the further complications, it is appropriate to reject the petition in order to give the message to the society at large. Having said thus, he prays to reject the petition. 6. I have heard the learned counsels for the respective parties and also perused the materials available on record. - 4 - HC-KAR NC: 2025:KHC-D:13736 CRL.P No. 103918 of 2025 7. The averments of the complaint would indicate that the victim girl was studying in Diploma in the college where the petitioner was studying. Both of them developed intimacy and thereafter, the petitioner had sexually assaulted her on several occasions. Initially, on 30.09.2022, she had been subjected to sexual assault, however, she lodges a complaint on 05.08.2025, which indicates that she lodged this complaint with an ulterior motive to take revenge or vengeance against the petitioner as he refused to marry her. 8. Be that as it may, prima facie, I am of the considered opinion that, the learned counsel for the petitioner made out a ground to grant bail as prayed for. 9. Therefore, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.38/2025 of Bagalkot Police Station by executing a personal bond of - 5 - HC-KAR NC: 2025:KHC-D:13736 CRL.P No. 103918 of 2025 ₹1,00,000/- [Rupees One Lakh only] with one surety for the likesum to the satisfaction of the trial Court, subject to the following conditions; a) The petitioner shall appear before the trial Court on all dates of hearing without fail. b) The petitioner shall not tamper the prosecution witnesses nor hamper the proceedings of the Court. c) The petitioner shall cooperate with the investigation till filing of the final report. d) The petitioner shall not leave the jurisdiction till filing of the charge-sheet. Sd/- (S.RACHAIAH) JUDGE PJ/ CT: UMD List No.: 1 Sl No.: 12