- 1 - HC-KAR CNR: KAHC010514452026 NC: 2026:KHC:46181 CRL.P No. 11167 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11167 OF 2026 BETWEEN: ROHIT GAUD @ ROHITH GOUDA S/O NANDILAL GAUD, AGED ABOUT 23 YEARS, R/AT SONWAL, BETIYA, KUSHINAGAR, UTTAR PRADESH - 574 304 …PETITIONER (BY SRI. THANOJ KUMAR, ADVOCATE) AND: STATE OF KARNATAKA BY PADUBIDRI POLICE STATION, UDUPI DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C. BY THE ADVCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH CRIME NO.38/2026 OF PADUBIDRI POLICE STATION IN Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010514452026 NC: 2026:KHC:46181 CRL.P No. 11167 of 2026 C.C.NO.137/2026 ON THE FILE OF THE I ADDL SENIOR CIVIL JUDGE AND ACJM, UDUPI FOR THE OFFENCE P/US/ 77,308(2) OF BNS 2023 AND SEC.67(A) OF IT ACT 2000. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.38 of 2026 registered by Padubidri Police Station, Udupi for the offences punishable under Section 77 and 308(2) of BNS, 2023 and Section 67(A) of Information Technology Act, 2000, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.38 of 2026 was registered by Padubidri Police Station, Udupi for the aforesaid offences against the petitioner herein, based on the first information dated 27.03.2026 received from the alleged victim, who is - 3 - HC-KAR CNR: KAHC010514452026 NC: 2026:KHC:46181 CRL.P No. 11167 of 2026 a married lady aged about 34 years. During the course of investigation, the petitioner was arrested on 01.04.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.279 of 2026 was rejected on 15.07.2026. Therefore, he is before the Court. 4. Perusal of the material on record would go to show that the first informant, who is alleged victim in the case present case, is a married woman. The petitioner was residing in a sheet house situated adjacent to the house of the first informant, in which she was residing with her husband. In the month of November, 2025, when the husband of the victim was not in the house, the petitioner allegedly entered her house and had sexual intercourse with her and also had recorded a video of the said act committed by him. Subsequently, he allegedly started threatened her and demanded money from her. - 4 - HC-KAR CNR: KAHC010514452026 NC: 2026:KHC:46181 CRL.P No. 11167 of 2026 5. The charge sheet material would go to show that after the alleged incident, the victim lady had gone along with the petitioner on 05.01.2026 and stayed with him at Coimbatore and Chennai. Subsequently, she had returned to her husband's house. Thereafter, she approached the police on 27.03.2026. The petitioner, who has no other criminal antecedents is in custody from 01.04.2026. Investigation of the case is already completed. 6. Considering the nature of allegations found against the petitioner in the charge sheet and also the punishment provided for the alleged offences, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R (i) The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.38 of 2026 - 5 - HC-KAR CNR: KAHC010514452026 NC: 2026:KHC:46181 CRL.P No. 11167 of 2026 registered by Padubidri Police Station, Udupi for the offences punishable under Section 77 and 308(2) of BNS, 2023 and Section 67(A) of Information Technology Act, 2000, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without - 6 - HC-KAR CNR: KAHC010514452026 NC: 2026:KHC:46181 CRL.P No. 11167 of 2026 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 38