- 1 - HC-KAR NC: 2025:KHC-D:15265 CRL.P No. 104243 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 07TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104243 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: ABHISHEK S/O MALATESH UPPINAMALI AGE. 22 YEARS, OCC. AGRICULTURE, R/O VARAH, TQ. HIREKERUR, DIST. HAVERI-581 111. …PETITIONER (BY SRI BANAKAR VEERABHADRAPPA MAHADEVAPPA, ADVOCATE.) AND: THE STATE OF KARNATAKA, THROUGH HIREKERUR P.S., HAVERI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. …RESPONDENT (BY SRI JAIRAM SIDDI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL, IN CONNECTION WITH HIREKERUR P.S. CRIME NO.101/2025 (C.C.NO.369/2025), PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HIREKERUR, REGISTERED FOR THE OFFENCES PUNISHABLE Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15265 CRL.P No. 104243 of 2025 UNDER SECTIONS 69, 352, AND 108 OF BHARATIYA NYAYA SANHITA, 2023, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner is the accused in Crime No.101/2025 of respondent police, registered for the offences punishable under Sections 69, 352, 108 of Bharatiya Nyaya Sanhita, 2023, is before this Court seeking for regular bail. FACTUAL MATRIX OF THE CASE: 2. The complainant, namely Rajappa, who is the father of the deceased Kaveri, lodges a complaint stating that, his daughter and the petitioner herein were loving each other since one year. The petitioner had promised his daughter that, he would marry her and having illicit relationship with her on that pretext. Again, on 13.04.2025, around about 12.00 noon, he entered into the house of the victim and committed rape on her, promising her that he would marry her. The petitioner is stated to have committed - 3 - HC-KAR NC: 2025:KHC-D:15265 CRL.P No. 104243 of 2025 such act on several occasions as per the averments of the complaint. 3. It is further stated that, on 07.05.2025 around 10.30 to 11.30 hours, his daughter having frustrated for the reason that she was refused for marriage by citing the layman excuse, consumed poison. She was taken to hospital for treatment, she died in the hospital after giving her statement before the police. Based on the complaint, the respondent police registered a case in Crime No.101/2025, for the above said offences. After conducting investigation, the respondent police submitted the charge sheet. 4. Heard Sri V.M.Banakar, learned counsel for the petitioner and Sri Jairam Siddi, learned HCGP for the respondent State and perused the material placed before the Court. 5. It is the submission of the learned counsel for the petitioner that, the allegations are baseless and void. - 4 - HC-KAR NC: 2025:KHC-D:15265 CRL.P No. 104243 of 2025 Though she was liking the petitioner, petitioner has expressed his difficulty in marrying her and also told her to mend her ways. However, she consumed poison only to threaten the petitioner but, she died in the hospital. It is further submitted that though it is alleged that the victim had given a statement before the doctor, the said statement did not contain fitness certificate to substantiate that she was well oriented to give such statement. When the alleged statement itself is doubtful, keeping the petitioner in Judiciary Custody would not serve any purpose. Hence, he may be enlarged on bail by imposing suitable conditions. Making such submission, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned HCGP for the respondent State has vehemently submitted that, the petitioner had promised her to marry and committed sexual assault on several occasions. She made her statement before the doctor in the presence of the police and it was reduced into - 5 - HC-KAR NC: 2025:KHC-D:15265 CRL.P No. 104243 of 2025 writing. The statement is considered as dying declaration. It has its evidentiary value. Therefore, it is not appropriate to grant him bail. Making such submissions, learned HCGP prays to reject the bail petition. 7. Having considered the said submissions and also perused the averments of the complaint and also the alleged dying declaration, it appears from the record that, the petitioner is stated to have committed sexual assault on the victim on several occasions on the pretext of promising her that he would marry her. However, he refused to marry her. Consequently, she consumed poison and she died in hospital. 8. Having considered the facts and circumstances of the case and also the law laid down by the Hon’ble Supreme Court in respect of abatement to commit suicide without adverting to the merit of the case, it is appropriate to grant him bail by imposing suitable conditions that would take - 6 - HC-KAR NC: 2025:KHC-D:15265 CRL.P No. 104243 of 2025 care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.101/2025 of respondent police, on executing his personal bond for a sum of Rs.1,00,000/- (One Lakh Rupees) along with one surety for the like sum, to the satisfaction of the Trial Court. iii) The petitioner shall not threaten the prosecution witnesses. iv) The petitioner shall appear before the Court on all hearing dates without fail. v) The petitioner shall not commit any or similar offences till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:15265 CRL.P No. 104243 of 2025 In the event of violation of any of the conditions as imposed above, the learned HCGP is at liberty to move for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK CT: VP LIST NO.: 1 SL NO.: 26