- 1 - HC-KAR NC: 2026:KHC-D:644 CRL.P No. 104362 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104362 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: AJITKUMAR S/O BASAYYA HIREMATH, AGE. 23 YEARS, OCC. SALESMAN, R/AT NANDARGA BEHIND LAXMI GUDI, TQ. AFSALPUR, DIST. KALBURGI 585301. …PETITIONER (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, GOKUL ROAD POLICE STATION HUBBALLI R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD 580011. 2. XXX AGE. 22 YEARS, OCC. UNEMPLOYED, R/AT. GOKUL VILLAGE, KARAKALIAVAR ONI, GOKUL VILLAGE, TQ.HUBBALLI, DIST.DHARWAD-580030. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; SRI. MANJUNATH B. MALAGI AND SRI S.D. NARGUND, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN S.C. NO.5071/2025 PENDING ON THE FILE OF COURT OF VTH ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, ARISING IN GOKUL ROAD POLICE CRIME NO.19/2025 FOR THE OFFENCE PUNISHABLE U/S 69, 115(2) OF BNS 2023, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:644 CRL.P No. 104362 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri Gourishankar H. Mot, learned counsel for the petitioner; Sri P. N. Hatti, learned High Court Government Pleader for respondent No. 1; and Sri S. Manjunath B. Malagi along with Sri S. D. Nargund, learned counsel for respondent No. 2. 2. The petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”), with the following prayer: “Wherefore, the petitioner/accused most humbly prays that this Hon’ble Court be pleased to Enlarge the petitioner/Accused on regular bail in S.C.No.5071/2025 pending on the file of the Hon’ble Court of 5th Additional District and Sessions Judge, At: Dhjarwad sitting at Hubballi arising in Gokul Road Police crime No.19/2025 for the offence punishable 69, 115(2) of BNSS, 2023 in the interest of justice.” 3. The petitioner has been charge-sheeted for the offences punishable under Sections 69, 115(2) of the BNSS, 2023. - 3 - HC-KAR NC: 2026:KHC-D:644 CRL.P No. 104362 of 2025 4. The facts, in brief, which are necessary for the disposal of the present petition, are as under: Respondent No. 2 lodged a complaint with the Gokul Road Police alleging that, under the guise of marrying her, the petitioner had forcible sexual intercourse with her in a room at Kalaburagi for a period of one month and later betrayed respondent No.2 by breaching his promise to marry her. 5. When the same was questioned, respondent No.2 was physically assaulted by the petitioner and therefore, sought action against him. 6. The Gokul Road Police, after registering the case in Crime No.19/2025 on 05.03.2025, conducted a detailed investigation and filed the charge sheet. 7. The attempt made by the petitioner to obtain an order of bail was rejected by the learned District Judge, and thereafter the petitioner is before this Court. - 4 - HC-KAR NC: 2026:KHC-D:644 CRL.P No. 104362 of 2025 8. Sri Gourishankar H. Mot, learned counsel for the petitioner, reiterating the grounds urged in the petition, vehemently contended that respondent No.2, the victim, is a major and that they had a consensual physical relationship. It is therefore contended that no offence whatsoever, as alleged, is made out, and accordingly sought the grant of bail. 9. It is further contended that the petitioner and respondent No.2 came into contact at Hubballi while they were working together and thereafter it was respondent No.2 who called the petitioner to Kalaburagi and had a relationship with him. Therefore, the continuation of the petitioner in judicial custody is no longer warranted, more so having regard to the fact that the charge sheet has already been filed. 10. Per contra, the learned High Court Government Pleader for respondent No.1 and the learned counsel for respondent No.2 would contend that the alleged consent of respondent No.2 was obtained under the guise of a promise - 5 - HC-KAR NC: 2026:KHC-D:644 CRL.P No. 104362 of 2025 to marry and, therefore, there cannot be any free and voluntary consent attributable to respondent No.2, and hence they sought rejection of the bail petition. 11. Having heard the arguments of both sides, this Court has meticulously perused the material on record. 12. Upon such perusal, it is noticed that the victim, who is respondent No.2, is aged 22 years. She was working as a receptionist in a private organization wherein the petitioner was also employed. Intimacy developed between them, and it is respondent No.2 who called the petitioner to Kalaburagi, pursuant to which the petitioner went there and had a relationship with her. 13. Whether the consent was free and voluntary or not, and whether the breach of the promise to marry resulted in deceiving the victim, are matters that are required to be adjudicated during the course of the trial upon appreciation of the oral and documentary evidence to be placed on record. - 6 - HC-KAR NC: 2026:KHC-D:644 CRL.P No. 104362 of 2025 14. Suffice it to state that the material available on record at this stage does not warrant the continuation of the petitioner in judicial custody any longer, more so having regard to the fact that the victim is aged 22 years. 15. The other apprehensions of the prosecution can be addressed by imposing suitable and stringent conditions. Accordingly, the following: ORDER i. The criminal petition is allowed. ii. The Petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- [Rupees one lakhs only] with two sureties for the likesum to the satisfaction of the learned Trial Judge. iii. The petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner. iv. Petitioner shall not leave the jurisdiction of Dharwad District without prior permission. - 7 - HC-KAR NC: 2026:KHC-D:644 CRL.P No. 104362 of 2025 v. Petitioner shall attend the court regularly. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE AC LIST NO.: 1 SL NO.: 2