- 1 - NC: 2025:KHC-K:2253 CRL.A No. 200068 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 200068 OF 2025 (U/S 14 (A)(2)) BETWEEN: ANAND @ ANIL S/O AJITKUMAR PANDIT AGE:30 YEARS, OCC: PUJARI AND COOLIE. R/O. H.NO.6-27, NEAR BADIGER ONI, LAXMI CHOWK, JAIN MANDIR, JEWARGI, TQ.JEWARGI, DIST.KALABURAGI-585101. …APPELLANT (BY SRI BHARAMAGOUDA K. PATIL, ADVOCATE) AND: 1. THE STATE THROUGH JEWARGI PS, TQ.JEWARGI, DIST.KALABURAGI, REP BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH AT KALABURAGI-585101. 2. ASHOKKUMAR S/O GUNDAPPA SUBEDHAR, AGE:46 YEARS, OCC: DRIVER, R/O. BAGGIAREA, TQ. JEWARGI, DIST.KALABURAGI. …RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP FOR R1; R2 SERVED) THIS CRL.A IS FILED U/SEC. 14(A)(2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE ORDER OF IIND ADDL. DISTRICT AND SESSIONS JUDGE ATA KALABURAGI PASSED IN CRIMINAL MISC NO.151/2025 DATED 15-02-2025 AND FURTHER ALLOW THE APPEAL AND ENLARGE THE ACCUSED/APPELLANT ON BAIL IN CRIME NO.21/2025 OF JEWARGI POLICE STATION, TQ. JEWARGI DIST. KALABURAGI, U/SEC. 74, 64(2)(k), 62, 332, 351(2), BNS,2023 R/W SEC. 3(1)(r)(w), 3(2)(v) OF SC/ST ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2253 CRL.A No. 200068 of 2025 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S RACHAIAH) This appeal is filed by the appellant/accused being aggrieved by the order dated 15.02.2025 passed in Crl.Misc.No.151/2025 by the learned II Addl. District and Sessions Judge at Kalaburagi. Factual matrix of the case are: 2. It is the case of the prosecution that on 19.01.2025 at about 10.30 p.m., a written complaint has been filed by the complainant stating that he had four children, among them, two daughters were married. He was working as a driver by profession. He, his wife and his daughter were residing in the said house. On 19.01.2025, he went to work by leaving his wife and daughter at home. After finishing his work, when he came back to home, he received an information from his daughter that his wife had been attempted to rape by the accused. On receiving the said information, he lodges a complaint before the respondent - police. The respondent police have registered a case in Cr.No.21/2025 against the appellant and the matter is under investigation. - 3 - NC: 2025:KHC-K:2253 CRL.A No. 200068 of 2025 3. Heard learned counsel Sri. Bharamagouda K Patil for the appellant and Sri. Gopal Kirshna Yadav, learned High Court Government Pleader for respondent No.1-State. 4. It is the submission of learned counsel for the appellant that the complaint has been lodged with an intention to trouble the appellant. The appellant is innocent of the alleged offences and he has been falsely implicated in this case. Even though, the allegations made against the appellant that he was committing rape on the victim and the same has been witnessed by the daughter of the complainant, she has not immediately raised alarm to alert either neighbours or relatives. However, she did not raise any voice to alert the public that itself shows that no such incident had taken place. 5. It is further submitted that the complainant being a person belongs to scheduled caste had filed this false case in order to take compensation from the Authority. Therefore, the appellant may be enlarged on bail by imposing suitable conditions. 6. Per contra, learned High Court Government Pleader vehemently opposed the submission of learned counsel for the - 4 - NC: 2025:KHC-K:2253 CRL.A No. 200068 of 2025 appellant and he submitted that the appellant has committed heinous offence. The woman against whom he was attempting to commit rape was lunatic. Taking advantage of her insanity and also on the pretext of providing food to her, he entered her house and was attempting to commit rape on her which is unpardonable. 7. It is further submitted that the daughter of the victim had witnessed the said incident and informed her father. Immediately thereafter, a complaint came to be registered against the appellant. Such being the fact, it is not appropriate to grant bail to the appellant. Therefore, the appeal has to be rejected. 8. Having heard learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that on 19.01.2025, four to five persons were preparing food in the opposite house of the complainant. One of the persons on the pretext of giving food to the lunatic woman, entered into her house and he was attempting to commit rape. The said incident had been witnessed by the daughter of the complainant. She informed - 5 - NC: 2025:KHC-K:2253 CRL.A No. 200068 of 2025 the said incident to her father. Her father lodges a complaint against the accused. 9. On going through the averments of the complaint and also other materials available on record, I am of the considered opinion that, it is not a case to grant bail. 10. In the light of the aforesaid discussion, I proceed to pass the following: ORDER The appeal stands dismissed. Sd/- (S RACHAIAH) JUDGE SRT/JS List No.: 1 Sl No.: 12 CT:PK