- 1 - HC-KAR NC: 2025:KHC-D:14574 CRL.P No. 104037 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104037 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SURESH RAMAPPA MADINOOR, AGE. 33 YEARS, OCC. BUSINESS, R/O. ITNAL, KOKATNURU, KOPPAL, TQ. AND DIST. KOPPAL-583232. …PETITIONER (BY SRI. AVINASH M.ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH DHARWAD SUB-URBAN POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. VICTIM, AGE. 28 YEARS, OCC. PRIVATE EMPLOYEE, R/O. C/O. SHREEKANTH KAMBALE, GANESH MANDIR NEAR, GANESHPUR, BELAGAVI, PINCODE-580011. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI. SHUBENDU A.AKALAWADI, ADVOCATE FOR R2) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14574 CRL.P No. 104037 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.1 IN CRIME NO.0135/2025 REGISTERED BY THE DHARWAD SUB-URBAN POLICE STATION AND FURTHER BE PLEASED TO PASS AN ORDER DIRECTING THE DHARWAD SUB-URBAN POLICE STATION TO THE ENLARGE THE PETITIONER ON BAIL IN THE EVENT HE IS ARRESTED BY THEM FOR THE OFFENCE PUNISHABLE UNDER SECTION 376 (2) (N) OF INDIAN PENAL CODE PENDING ON THE FILE BEFORE PRINCIPAL CJ (JR DIV) JMFC COURT, DHARWAD, IN THE INTEREST OF JUSTICE. 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) 1. The petitioner/accused No.1 is before this Court seeking for grant of anticipatory bail in Crime No.135/2025 of respondent-police for the offence under Section 376(2)(n) of the Indian Penal Code, 1860. Brief facts of the case: 2. The case of the prosecution is that, the defacto complainant had created a profile on a Marriage Website, called Kannada Matrimonial. The accused No.1 after seeing the matrimonial asked her to send photo and bio-data to his Whats App number. Accordingly, the defacto complainant - 3 - HC-KAR NC: 2025:KHC-D:14574 CRL.P No. 104037 of 2025 sends him photo and bio-data. It is further stated that the petitioner has informed her that, he has written the PSI examine and he has been qualified and now waiting for the appointment order. It is further stated that, he was an orphan and he likes her and wishing to marry her. Both were started liking each other and decided to marry each other. Under such pretext, he committed sexual intercourse on several occasions and she became pregnant and thereafter, he made her to consume tablet to get her pregnancy terminated. The pregnancy got terminated. 3. It is further stated that, she brought him Bajaj Pulser Bike and also handed over an amount of Rs.3,50,000/-. Further, she was advised to give Rs.6,00,000/- to get her job in the police department by accused No.2. Accordingly, she gave almost Rs.4,00,000/- by selling her gold. After obtaining all the benefits from her, he refused to marry her. Hence, she lodges a complaint against the petitioner for having cheated her and also - 4 - HC-KAR NC: 2025:KHC-D:14574 CRL.P No. 104037 of 2025 committed the offences stated supra. The investigation is under progress. 4. Heard Sri. Avinash M. Angadi, learned counsel for the petitioner, Sri. Praveen Y. Devareddi, learned High Court Government Pleader for respondent No.1-State and Sri. Shubhendu A. Akalawadi, learned counsel for the respondent No.2. 5. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of the alleged offences. The defacto complainant made several baseless and bald allegations against the petitioner. In fact, he had not received any money nor taken any Bike from her. 6. It is further submitted that, at no point of time, the petitioner had contacted her and asked her any help from her. In fact, the marriage proposal was not put forth by the petitioner to the respondent No.2. The petitioner is ready and willing to abide by conditions in the event of his release on bail. Making such submissions, he prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:14574 CRL.P No. 104037 of 2025 7. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that, the averments of the complaint would indicate that, the petitioner had promised the complainant that he would marry her and committed sexual intercourse on her on several occasions, thereafter, he refused to marry her. Therefore, it is not appropriate to grant anticipatory bail. 8. Having heard the learned counsel for the respective parties and perused the averments of the complaint would indicate that, the complainant got acquainted the petitioner through Kannada Matrimony. He is stated to have induced her and committed sexual intercourse on her on the promise of marriage. Subsequently, he cheated her by taking all the valuables and also the money etc. 9. As per the averments of the complaint, the alleged false promise for marriage and rape has been taken place on several occasions starting from 01.04.2024 to 30.06.2024. However, complaint came to be registered on - 6 - HC-KAR NC: 2025:KHC-D:14574 CRL.P No. 104037 of 2025 01.08.2025. The delay in lodging the complaint certainly creates doubt about the genuineness of the incident. 10. Be that as it may, on perusal of the averments of the complaint, I am of the considered opinion that, the petitioner has made out a case for granting bail. 11. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.135/2025 of respondent-police for the offence under Section 376(2)(n) of the Indian Penal Code, 1860, on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall appear before the jurisdictional Police within a period of one - 7 - HC-KAR NC: 2025:KHC-D:14574 CRL.P No. 104037 of 2025 month from today to execute personal bond and also to furnish surety. (iv) The petitioner shall co-operate with investigation till filing of the charge-sheet. (v) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not commit any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 51