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2026 DAILYLAW 5163 (KAR)

VASUDEV @ VASUDEVA HIREMAT v. THE STATE OF KARNATAKA

CRL.P/17358/2025 · 2026-04-30

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24316 CRL.P No. 17358 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO.17358 OF 2025 BETWEEN: 1. VASUDEV @ VASUDEVA HIREMAT S/O RAMANAYYA HIREMAT AGED ABOUT 32 YEARS BUSINESS, R/AT MUNDARGI TALUK GADAG DISTRICT-577 213. …PETITIONER (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, HARIHAR TOWN POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. 2. GEETHA A. HIREMAT, W/O. ASHOKA HIREMAT AGED ABOUT 44 YEARS R/AT 4TH MAIN, 5TH CROSS, J.C.BADAVANE, MUNDARGI VILLAGE MUNDARGI TALUK GADAG DISTRICT-577 213. …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP FOR R1; SRI. GALAVA KUMAR M.V., ADVOCATE FOR R2) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24316 CRL.P No. 17358 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT OF REGULAR BAIL TO THE PETITIONER HEREIN IN CONNECTION WITH SPL.CASE NO.714/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 506, 363, 376(2)(n) OF IPC AND SECTION 6 OF POCSO ACT ARISING OUT OF CR.NO.146/2023 PERTAINING TO HARIHARA TOWN P.S. NOW PENDING ON THE FILE OF HONBLE COURT OF ADDL. DISTRICT JUDGE FTSC-1, DAVANAGERE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner had earlier approached this Court seeking bail in Crl.P.No.11316/2023. By order dated 12.02.2024, this Court dismissed the petition based on the submission made by counsel for the petitioner granting liberty to file fresh petition after completion of evidence of the victim and other witnesses. 2. Counsel for the petitioner submits that evidence of victim-P.W.1 and her mother-P.W.2 has been completed and one pancha has been examined as P.W.3. That certain documentary evidence in the nature of extract of video clippings have also been marked. He submits that during cross- examination, petitioner herein has also brought on record his - 3 - HC-KAR NC: 2026:KHC:24316 CRL.P No. 17358 of 2025 defence along with necessary documents in support thereof. It is contented that there exist a pending matrimonial dispute between P.W.2, mother of the victim and her husband, wherein an allegation of illicit relationship between P.W.2, mother of the victim and the petitioner herein has been made. Therefore, it is submitted that the petitioner has made out a case for grant of bail, inasmuch as important witnesses have already been examined and there cannot be any apprehension of petitioner either influencing or causing any impediment in continuation of the trial. 3. Counsel for respondent No.2-defacto complainant submits that there is another case on similar allegation pending trial against the accused and he is a habitual offender. Therefore, he is not entitled for bail. 4. Heard, perused the records. 5. Petitioner was arrested on 11.08.2023 and since then, he is in judicial custody. This Court on earlier occasion by order dated 12.02.2024 had permitted the petitioner herein to withdraw the petition for bail filed earlier with liberty to - 4 - HC-KAR NC: 2026:KHC:24316 CRL.P No. 17358 of 2025 approach after completion of evidence of the victim which as noted above has been completed. 6. Allegation in the complaint indicates that the petitioner herein was frequenting the house of the victim and had allegedly borrowed some money from the mother of the victim and misused this situation and had taken the victim to a hotel and had subjected her to repeated sexual assault. It is also alleged that he had committed sexual assault even at the house of the victim. It is also alleged that he had videographed the act of sexual assault and had blackmailed the victim. 7. Now, charge-sheet has been filed, trial having commenced, victim, the mother of the victim and other panch witness having been examined, considering the fact that petitioner has been in judicial custody since 11.08.2023, this Court deems it appropriate to grant bail. 7. Accordingly, the following; ORDER (i) Criminal Petition is allowed. - 5 - HC-KAR NC: 2026:KHC:24316 CRL.P No. 17358 of 2025 (ii) The accused/petitioner is directed to be enlarged on bail in Crime No.146/2023 registered by the Harihara Town Police Station for the offences punishable under Sections 506, 363, 376(2)(n) of IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 , subject to the following conditions: a) The accused/petitioner shall execute personal bond for a sum of Rs.2,00,000/- with two local sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The accused/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 accused/petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The accused/petitioner shall not involve in similar offences in future; e) The accused/petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. - 6 - HC-KAR NC: 2026:KHC:24316 CRL.P No. 17358 of 2025 f) Communicate copy of this order to the trial Court and concerned prison authorities forthwith. It is made clear that, if the accused-petitioner herein causes any circumstances directly or indirectly threatening or influencing the witnesses, respondent No.2-defacto Complainant is at liberty to bring the same to the notice of the jurisdictional Court seeking cancellation of bail. Sd/- (M.G.S. KAMAL) JUDGE ST List No.: 2 Sl No.: 7