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High Court of Karnataka · body

2026 DAILYLAW 7360 (KAR)

SRI VASANTHA NAIKA B L v. STATE BY

CRL.P/1809/2026 · 2026-03-16

S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15400 CRL.P No. 1809 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1809 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI VASANTHA NAIKA B L S/O LAKSHMAN NAIK, AGED ABOUT 30 YEARS, R/AT BORALINGANAPALYA VILLAGE, BILIDEVALAYA, KASABA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572130 …PETITIONER (BY SRI. BHUVAN K.P.,ADVOCATE) AND: 1. STATE BY KUNIGAL POLICE STATION KUNIGAL SUB DIVISION, TUMAKURU DISTRICT-572130 Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15400 CRL.P No. 1809 of 2026 2. JHANSI BAI W/O SIDDA NAIK, AGED ABOUT 27 YEARS, R/AT BORALINGANAPALYA VILLAGE, BILIDEVALAYA, KASABA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572130 …RESPONDENTS (BY SMT. ANITHA GIRISH N., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S.483 OF BNS 2023 IN CRIME NO.318/2025 DATED 09.07.2025 REGISTERED BY THE IsT RESPONDENT POLICE FOR THE ALLEGED OFFENCE P/US/64,118(2),329(4),351(2) AND SEC.3(5) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15400 CRL.P No. 1809 of 2026 ORAL ORDER The present petitioner is before this Court seeking for grant of regular bail in Crime No.318/2025 filed by the respondent-police for the offence under Sections 64, 118(2), 329(4), 351(2) and Section 3(5) of BNS 2023. Brief facts of the case: 2. The case of the prosecution is that, complaint came to be registered by Jhanvi Bai on 09.07.2025 at about 05.00 p.m. stating that she is the resident of Borlinganapalya, Kasaba Hobli, Kunigal Taluk and she was living along with her husband who is handicapped. The present petitioner is the resident of the same village. It is alleged that he was insisting her that she should leave husband and children and marry him. It is further alleged that he had committed rape once and also used to give threat on one or the other pretext. 3. It is further stated that he was blackmailing her that he would upload some of her videographs to the social media if she fails to co-operate with him in the sexual activities. Being fed up of the cruelty and harassment of which she had - 4 - HC-KAR NC: 2026:KHC:15400 CRL.P No. 1809 of 2026 been subjected to by the petitioner, on 08.07.2025, she had attempted to commit suicide. 4. The fact of cruelty and harassment given by the petitioner was known to the brother and brother-in-law of the complainant. Both her brother and brother-in-law went and spoke with the petitioner and advised him to mend his ways, however, the petitioner has picked up quarrel and assaulted the family members of the complainant. Hence, the complaint. 5. The respondent-police after receiving the complaint, registered FIR, conducted investigation and submitted the charge sheet. 6. Heard Sri.Bhuvan K.P., learned counsel for the petitioner and Smt.Anitha Girish N., learned High Court Government Pleader for respondent No.1-State. 7. It is the submission of the learned counsel for the petitioner that, the petitioner is the innocent of the alleged offences and he has been falsely implicated in this case. In fact, there is a case and counter case. The father of the petitioner - 5 - HC-KAR NC: 2026:KHC:15400 CRL.P No. 1809 of 2026 had lodged a complaint against the complainant and others. The said case has been ended in filing the final report. 8. It is further submitted that the present case has been filed as a counterblast to the complaint lodged by the father of the petitioner. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. If he is enlarged on bail, he will abide the conditions imposed by this Court. Making such submissions, he prays to allow the petition. 9. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the petitioner had threatened and assaulted the complainant and also he was blackmailing her that he would upload videos and also photos of her to the social media. Consequently, the complainant attempted to commit suicide for the cruelty and harassment of which, she had been subjected to. 10. It is further submitted that merely because the father of the petitioner had lodged a complaint at the earliest before the jurisdictional Police is not sufficient to hold that the present complaint has been filed as a counterblast to the - 6 - HC-KAR NC: 2026:KHC:15400 CRL.P No. 1809 of 2026 complaint filed by the father of the petitioner. In fact, the complainant had been subjected to cruelty and harassment and also she had been raped by the petitioner. The offence of which the petitioner is committed is heinous and more serious to the society at large. Therefore, it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. 11. Heard the learned counsel for the respective parties and perused the averments of the complaint and FIR. It appears that the petitioner used to harass the complainant on one or the other pretext and also it is stated that he had committed rape on the complainant. It is evident from the averments of the complaint that she had attempted to commit suicide on account of harassment. Having considered the nature, gravity and also the impact on the society, it is appropriate to reject the bail in order to secure the ends of justice to the victim. 12. Hence, I proceed to pass the following: ORDER (i) The petition is rejected. - 7 - HC-KAR NC: 2026:KHC:15400 CRL.P No. 1809 of 2026 Liberty is reserved to the petitioner to review his petition after examination of the material witnesses. Sd/- (S RACHAIAH) JUDGE SS List No.: 1 Sl No.: 35