- 1 - HC-KAR NC: 2026:KHC-D:1202 CRL.P No. 105337 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105337 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: HANUMANTHAPPA NINGAPPA BASAPUR @ HUGGER, AGE. 40 YEARS, OCC. BUSINESS, R/O. AT. MOTEBENNUR, BYADAGI TALUK, HAVERI DISTRICT. …PETITIONER (BY SRI. CHETAN NAIK, ADVOCATE FOR SRI. J.S. SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS BYADAGI POLICE STATION AUTHORITIES, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. MAJA @ DAYA KALE W/O. EKAJA AGE.50 YEARS, OCC. HOUSE WORK, R/O.PATYAPUR, TQ. AND DIST.SATARA, STATE MAHARASHTRA-415001. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; NOTICE SERVED TO R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, PRAYING TO ORDERED TO BE RELEASED ON REGULAR BAIL, IN S.C. NO.92/2025 (BYADAGI P.S.CRIME NO.170/2025), ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT HAVERI, (SITTING AT RANEBENNUR), FILED AGAINST HIM, FOR THE OFFENCE PUNISHABLE UNDER 64(2)(K) AND SECTION 137(2), OF THE B.N.S., BY ALLOWING THIS CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1202 CRL.P No. 105337 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 V.SRISHANANDA) Heard Sri Chetan Naik for Sri J.S.Shetty, learned counsel for petitioner and Sri P.N.Hatti, learned High Court Government Pleader for respondent No.1. 2. The petition is filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘the BNSS’) with the following prayer: “Praying to ordered to be released on regular bail, in S.C.No.92/2025 (Byadagi P.S.Crime No.170/2025), on the file of the II Additional District and Sessions Judge, at Haveri, (sitting at Ranebennur), filed against him, for the offence punishable under 64(2)(k) and section 137(2) of the B.N.S., by allowing this criminal petition, in the interest of justice and equity.” 3. Facts of the case are as under: 3.1 A complaint came to be lodged by the complainant, contending that he has seen the accused picking the victim lady on the motorcycle and thereafter committed forcible sexual intercourse in an agricultural land where maize was grown. - 3 - HC-KAR NC: 2026:KHC-D:1202 CRL.P No. 105337 of 2025 4. The police, after thorough investigation, filed the charge sheet for the offences punishable under Section 64(2)(k) and section 137(2) of the BNS, 2023. 5. Before the trial magistrate, the victim was unable to reveal the actual act of rape, and likewise before the medical practitioner. 6. Admittedly, the victim is not mentally sound. An interpreter should have been appointed, and with the aid of a psychiatrist, the statement of the victim lady should have been recorded. 7. Such a course was not adopted by the Investigation Agency, nor has the Magistrate take such necessary steps to have the victim examined when she was brought before the Magistrate for the purpose of recording her statement. 8. Taking note of these aspects of the matter and totality of the circumstances, at least till the examination of the material witnesses, the bail request of the petitioner cannot be entertained by this Court by resorting to the special powers vested in this Court under Section 483 of the BNSS. - 4 - HC-KAR NC: 2026:KHC-D:1202 CRL.P No. 105337 of 2025 9. Admittedly, the victim is a resident of some place in North India, which she has not been able to reveal on account of her mental condition. 10. What made the petitioner to take her who is a total stranger, on his motorcycle itself is a factor that needs to be adjudicated during the trial. A stranger was picked up from a public road where tender coconuts were being sold and later on the alleged act took place. 11. Taking note of these aspects of the matter, this Court is of the considered opinion that for the present petitioner has not made out any grounds to accede to the prayer. 12. Hence, the following order: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE CLK/RHR/-CT:CMU LIST NO.: 1 SL NO.: 6