- 1 - HC-KAR NC: 2025:KHC-D:18120 CRL.P No. 104680 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104680 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. RAMAPPA BHIMAPPA KITTUR, AGE. 31 YEARS, OCC. AGRICULTURE, R/O. NAGANUR VILLAGE, TALUK. MUDALAGI, DISTRICT. BELAGAVI-590001. …PETITIONER (BY SRI. VINAYAK BOGUR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH MUDALAGI P.S., R/BY SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE PRESENT PETITION AND GRANT BAIL TO THE ACCUSED/SHRI. RAMAPPA BHIMAPPA KITTUR I.E. THE PETITIONER HEREIN AND PASS AN ORDER RELEASING HIM FROM JUDICIAL CUSTODY WITH RESPECT TO MUDALAGI P.S. CRIME NO.146/2025, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 76, 64, 352, 351(2) OF BNS PENDING BEFORE THE CIVIL JUDGE AND JMFC, MUDALAGI AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18120 CRL.P No. 104680 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) 1. The petitioner is sole accused before this Court seeking for grant of regular bail in Crime No.146/2025 of respondent/Police for the offence under Sections 76, 64, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 20231. Brief facts of the case; 2. The case of the prosecution is that, the petitioner being the same villager has got acquainted with the complainant. The complainant is aged about 32 years and married to Mutteppa Chougala. The couple had four children. It is alleged that the present petitioner induced her and took her on his motorcycle to different places and committed sexual intercourse on her. Thereafter, he brought her back to Mudalagi. The complainant after 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:18120 CRL.P No. 104680 of 2025 discussing the matter with the elders lodged a complaint. Based on the complaint, the respondent/Police have registered a case and conducting the investigation. 3. Heard Sri.Vinayak Bogur, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State. 4. The submission of the learned counsel for the petitioner is that, petitioner is innocent of the alleged offences and he has been falsely implicated in this case. Though, it is alleged that, the incident had occurred on 05.07.2025, a complaint came to be registered on 19.10.2025. There is inordinate delay in lodging the complaint. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 5. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that the averments of the complaint would indicate that the - 4 - HC-KAR NC: 2025:KHC-D:18120 CRL.P No. 104680 of 2025 petitioner has not only induced the complainant to commit sexual intercourse but, also threatened her with dire consequences. Hence, it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. 6. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that the victim is aged about 32 years and having four children and a husband. It is alleged that she was kidnapped and confined by the petitioner and thereafter, it is stated that, she had been subjected to sexual intercourse. 7. It is further averred that, the petitioner has brought her back to her native after the incident. Hence, a complaint came to be registered against the petitioner. Having considered the delay in lodging the complaint, is the ground to grant bail. However, it is needless to state that, - 5 - HC-KAR NC: 2025:KHC-D:18120 CRL.P No. 104680 of 2025 the merit of the case is not required to be mentioned while granting the bail. 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.146/2025 of respondent/Police 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 subject to the following conditions; (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 6 - HC-KAR NC: 2025:KHC-D:18120 CRL.P No. 104680 of 2025 (c) The petitioner shall not involve in any criminal case 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 PJ/CT: UMD List No.: 2 Sl No.: 6