- 1 - NC: 2025:KHC-D:264 CRL.P No. 103692 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103692 OF 2024 (438(CR.PC)/482(BNSS)) BETWEEN: SMT. CHANDRAVVA @ CHANDRIKA W/O. ASHOK RATNAKAR, AGE: 48 YEARS, OCC. ANGANWADI TEACHER, R/O. SANKESHWAR TALUKA, HUKKERI, DIST. BELAGAVI. … PETITIONER (BY SRI SRINIVAS B.NAIK, ADVOCATE) AND: STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH SANKESHWAR POLICE STATION, DIST. BELAGAVI-580011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.2 IN THE EVENT OF HER ARREST IN SANKESHWAR P.S. IN CRIME NO. 153/2024 REGISTERED FOR THE OFFENCES P/U/SEC. 376(1), 376(2)(N), 363, 109, 506 OF IPC R/W 34 OF IPC ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) JMFC COURT, SANKESHWAR, BELAGAVI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.10 11:23:31 +0530 - 2 - NC: 2025:KHC-D:264 CRL.P No. 103692 of 2024 CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI ORAL ORDER This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of anticipatory bail in Crime no.153/2024 by Sankeshwar Police Station for offences punishable under Sections 376 (1), 376 (2) (n), 363, 109, 506 read with Section 34 of Indian Penal Code (for short, ‘IPC’). 2. Sri Srinivas B. Naik, learned counsel for petitioner (accused no.2) submitted that case of prosecution as per complaint registered by victim – Nandini, was that she and accused no.1 – Ashok were husband and wife and her maternal grand parents. Since victim had failed in her PUC examination, accused no.1 had offered to train her in Computers at their Online Computer Center at Sankeshwar. Therefore, she used to travel to Sankeshwar everyday for Computer training. During rainy season, when it was difficult to travel, she stayed in house of accused no.1. At that time, accused no.1 committed sexual assault on her. When she resisted, accused no.1 threatened her that he would have her. When informed of same by victim, petitioner scolded victim. And on 29.06.2024 at - 3 - NC: 2025:KHC-D:264 CRL.P No. 103692 of 2024 12:00 a.m. accused no.1 raped victim. Even at that time, when victim called for help, petitioner was alleged to have scolded victim. 3. It was stated, accused no.1 had forced sexual intercourse with her 4 to 5 times, at instigation of petitioner, by threatening her, if she revealed incident to any one, accused no.1 threatened her. Thereafter on 14.10.2024, accused no.1 took her to Sankeshwar and got marriage registered before Sub-Registrar. In meanwhile, on noticing victim was not in Sankeshwar, her mother had given missing compliant. She was threatened against revealing anything while recording her statement by Sankeshwar Police on 15.10.2024. Thereafter, she expressed intention not to go with accused no.1 or her parents. Therefore, she was sent to Mahila Santwana Kendra at Belagavi. 4. Based on said complaint, police registered Crime no.153/2024, against accused no.1 and petitioner for offences punishable under Sections 376(1), 376(2)(n), 109, 506 and 363 read with section 34 of IPC. It was submitted, petitioner was Anganawadi Worker and relationship between petitioner and accused no.1 was strained. On 08.10.2024, mother of - 4 - NC: 2025:KHC-D:264 CRL.P No. 103692 of 2024 victim had merely given missing complaint and in statement given by victim before Sankeshwar Police on 15.10.2024 there were no allegations either against accused no.1 or petitioner. But subsequent complaint registered on 24.10.2024 was a vast improvement. 5. Even in said complaint, specific allegations against petitioner were that she scolded victim and abetted commission of offence by accused no.1. It was submitted, being Anganawadi Worker, there was no possibility of petitioner fleeing from justice, especially she was a lady. It was submitted she was falsely implicated and therefore prayed anticipatory bail by agreeing to abide by any condition that may be imposed. 6. On other hand Smt.Girija S. Hiremath, learned HCGP, opposed petition. 7. It was submitted, apart from specific allegations about petitioner abetting crime, in her statement recorded under Section 164 of Cr.PC, victim had reiterated allegations therefore there was sufficient material against petitioner and opposed grant of anticipatory bail. - 5 - NC: 2025:KHC-D:264 CRL.P No. 103692 of 2024 8. Heard learned counsel. 9. From above, point that arises for consideration is: “Whether petitioner is entitled for anticipatory bail on conditions? 10. Point for consideration is answered in affirmative for following reasons. 11. Admittedly, petitioner is accused no.2 in complaint. But offences alleged are mainly against accused no.1, who was in custody. In any case, allegations of abetment against petitioner were required to be established in trial. There are several contradictions about manner of occurrence of incident from version in complaint given by mother on 08.10.2024, statement given by victim on 15.10.2024 and complaint given on 24.10.2024. Petitioner being a lady working as Anganawadi Worker and highly unlikely to flee from justice. In case, she were to be arrested, she was in all likelihood, to lose designation as Anganawadi Worker. Therefore petitioner is found entitled for anticipatory bail but on conditions. 12. Hence, following: - 6 - NC: 2025:KHC-D:264 CRL.P No. 103692 of 2024 ORDER Petition is allowed. Petitioner/accused no.2 shall be enlarged on bail, in case of arrest in Crime no.153/2024 of Sankeshwar Police Station for offences punishable under Sections 376 (1), 376 (2) (n), 363, 109, 506 of IPC subject to following conditions: a) Petitioner shall within 15 days from date of this order execute personal bond for Rs.25,000/- with two sureties for likesum before jurisdictional Court. b) She shall appear before Investigating Officer for purpose of investigation as and when required and co-operate with investigation. c) She shall appear before Investigating Officer at 11:00 a.m. on every alternative Saturday, until completion of investigation/filing of Charge- Sheet. d) And shall not threaten, tamper or influence prosecution witnesses, either directly or indirectly. e) She shall not leave jurisdiction of Belagavi District without prior permission, until completion of trial. - 7 - NC: 2025:KHC-D:264 CRL.P No. 103692 of 2024 f) She shall not indulge in any criminal activities. g) She shall forthwith inform change of residence to Investigating Officer. SD/- (RAVI V.HOSMANI) JUDGE GRD,EM CT:PA LIST NO.: 1 SL NO.: 14