- 1 - NC: 2025:KHC-D:1136 CRL.P No. 103371 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103371 OF 2024 [438(CR.PC)/482(BNSS)] BETWEEN: SHRI ISHWAR S/O. RAMCHANDRA MADAR, AGE: 24 YEARS, OCC. AGRICULTURE, R/O. MASAGUPPI VILLAGE, TQ. MUDALAGI, DIST. BELAGAVI-591312. … PETITIONER (BY SRI GANAPATI M. BHAT, ADVOCATE) AND: THE STATE OF KARNATAKA BY ITS POLICE SUB-INSPECTOR OF MUDALAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. … RESPONDENT (BY SMT. GIRIJA S.HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF BNSS 2023 SEEKING TO ALLOW THE PETITION FILED UNDER SECTION 482 OF BNSS 2023 AND ENLARGE THE PETITIONER HEREIN/ARRAYED AS ACCUSED ON ANTICIPATORY BAIL IN CRIME NO.0109/2024 OF MUDALAGI POLICE STATION FOR AN OFFENCES PUNISHABLE UNDER SECTION 354(D), 376(2) (N) 506 OF IPC PENDING ON THE FILE OF COURT OF CIVIL JUDGE AND JMFC COURT, MUDALAGI IN THE EVENT OF ARREST WITH SUCH CONDITIONS WHICH THIS HON’BLE COURT DEEMS FIT TO BE IMPOSED IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE. MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.23 14:31:20 +0530 - 2 - NC: 2025:KHC-D:1136 CRL.P No. 103371 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition for anticipatory bail is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) by accused (petitioner) in Crime no.109/2024 registered by Mudalagi Police Station, for offences punishable under Sections 354 (D), 376 (2) (n) and 506 of Indian Penal Code (for short, ‘IPC’). 2. Sri Ganapati M. Bhat, learned counsel for petitioner submitted, petitioner was 24 year old agriculturist and law abiding citizen owning both movable and immovable properties and permanent resident of Masaguppi village, Mudalagi taluk. And that he had not committed or involved in any offences including those alleged in Crime no.109/2024. It was submitted, there was no basis for said complaint and that it was totally false. As he was apprehending arrest in same, he was constrained to seek anticipatory bail. - 3 - NC: 2025:KHC-D:1136 CRL.P No. 103371 of 2024 3. It was submitted, even as per complaint, complainant was married and was acquainted with petitioner since a year and frequently spoke with her by insisting her to leave her husband and marry him. And from 2:00 p.m. on 14.02.2024 onwards till 1.00 p.m. on 23.06.2024, petitioner had called her to come near land of one Ishwar Madar @ Harijan and after forcing her for marriage, touched her body and despite her resistance, forcibly took her into sugarcane field and repeatedly had sexual intercourse with her, and also threatened to spoil her reputation if she revealed same to anyone. Complainant had further stated that on 23.06.2024, petitioner had run away when complainant’s husband Vitthal found them together in field and that she had told her husband about above incidents. 4. It was firstly submitted, complaint averments indicating complainant indulging in consensual sexual relationship with petitioner and secondly, filing of complaint on 19.08.2024 i.e. nearly six months after first incident and two months after complainant’s husband knew about it would indicate, complaint was an after thought filed only - 4 - NC: 2025:KHC-D:1136 CRL.P No. 103371 of 2024 with intention to tarnish his reputation etc. Further, fact that Medical Examination Reports of complainant did not reveal any injuries on complainant would vindicate petitioner’s contentions. It was submitted, there was no incriminating material directly implicating petitioner for having committed offences as alleged. It was further submitted, in meanwhile, investigation was completed and charge-sheet filed on 19.10.2024. Therefore, there would be no need for custodial interrogation. Hence, prayed for grant of anticipatory bail on any conditions which would be complied with. 5. On other hand, Smt.Girija S.Hiremath, learned HCGP for respondent – State opposed petition. It was submitted, complaint filed by victim herself bore specific overt-acts against petitioner. It was submitted, same were reiterated by her in her statement recorded under Section 164 of CrPC. Offences alleged were heinous in nature and against woman. Since petitioner as well as complainant were from same village, in case of grant of anticipatory bail, petitioner was likely to influence prosecution witnesses - 5 - NC: 2025:KHC-D:1136 CRL.P No. 103371 of 2024 including complainant. On above grounds sought for rejection of bail. 6. Heard learned counsel and perused available material on record. 7. From above, point that arises for consideration is: “Whether petitioner is entitled for anticipatory bail with conditions?” 8. This is a petition for anticipatory bail wherein petitioner is apprehending imminent arrest in Crime no.109/2024 for non-bailable offences punishable under Sections 354 (D), 376 (2) (n) and 506 of IPC. 9. Prima facie case of prosecution against petitioner as stated in complaint, FIR and charge-sheet is that he outraged modesty of complainant, and committed rape repeatedly by threatening her. However, complaint is filed on 19.08.2024 whereas incident occurred on 14.02.2024 onwards till 23.06.2024 which would indicate that it is filed after some delay. Though petitioner is stated to have threatened complainant, same would be a matter for - 6 - NC: 2025:KHC-D:1136 CRL.P No. 103371 of 2024 evidence and trial. Investigation does not appear to have found any incriminating material directly implicating petitioner. Medical Examination Reports do not indicate any injuries on complainant, which would indicate absence of violence or physical force. However, whether petitioner committed offences as alleged by prosecution or whether same was with consent of complainant as sought to be contended by petitioner would indeed be matters for trial. 10. When petitioner has stated that he is a permanent resident of Masaguppi village having movable and immovable properties without any criminal antecedents, which is not disputed by prosecution, its concerns could be met by imposing appropriate conditions. Point for consideration is answered in affirmative. 11. Hence, following: ORDER Petition is allowed. It is ordered that petitioner/accused shall be enlarged on bail, in case of his arrest in Crime no.109/2024 of Mudalagi Police Station for offences punishable - 7 - NC: 2025:KHC-D:1136 CRL.P No. 103371 of 2024 under Sections 354(D), 376 (2) (n) and 506 of IPC, subject to following conditions: a) Petitioner shall appear before Civil Judge and J.M.F.C., Mudalagi, within 15 days from date of this order and execute personal bond for sum of Rs.1,00,000/- with two sureties for likesum to satisfaction of Court. b) He shall appear before Investigation Officer for purpose of investigation as and when required and co-operate with investigation. c) He shall attend Court proceedings regularly. d) He shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. e) He shall not leave jurisdiction of above Court without prior permission, until completion of trial. f) He shall not indulge in any criminal activities. g) It is clarified that all observations herein are prima facie and not bind trial Court. Sd/- (RAVI V.HOSMANI) JUDGE CLK CT:PA LIST NO.: 1 SL NO.: 22