- 1 - HC-KAR NC: 2026:KHC:15865 CRL.P No. 17187 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 17187 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: DURGAPPA S/O SANNA OBALAPPA, AGED ABOUT 62 YEARS, R/O BOMMATHANAHALLI VILLAGE, BOMMATHANAHALLI POST, KASABA HOBLI, PAVAGADA TALUK, TUMAKURU DISTRICT – 561 202. …PETITIONER (BY SRI. THAMMAIAH H N., ADVOCATE) Digitally signed by NARAYANA UMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15865 CRL.P No. 17187 of 2025 AND: STATE OF KARNATAKA BY PAVAGADA POLICE STATION, TUMAKURU DISTRICT, EPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001 …RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THIS CRL.P, GRANT ANTICIPATORY BAIL TO THE PETITIONER ON BAIL IN CRIME NO.242/2025 (CRL.MISC NO.5317/2025) IN THE COURT OF HONBLE PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT PAVAGADA, TUMAKURU DISTRICT SITTING AT MADHUGIRI AT PAVAGADA POLICE STATION, TUMAKURU DISTRICT IN THE EVENT OF ARREST REGISTERED FOR THE OFFENCES P/U/S 74, 115(2), 117(2), 118(1), 126(2), 324(4), 351(2), 352 R/W 3(5) OF BNS 2023 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15865 CRL.P No. 17187 of 2025 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by the petitioner who is arrayed as accused No.1 in Crime No.242/2025 filed by the respondent – Police for the offences punishable under Section 74, 115(2), 117(2), 118(1), 126(2), 324(4), 351(2), 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS) seeking for regular bail. Factual matrix of the case: 2. The case of the prosecution is that on 27.10.2025, around about 01.00 p.m., when the complainant was proceeding along with cattle for the purpose of grazing on the back side of Basaveshwara temple road, the petitioner herein suddenly came and restrained her, dragged her, caused bleeding injury and committed an offence under Section 354 of IPC. On seeing the said incident, the other accused persons joined the present petitioner and assaulted the complainant and also - 4 - HC-KAR NC: 2026:KHC:15865 CRL.P No. 17187 of 2025 her mother-in-law, who was about 78 years old woman. Hence, the complaint. 3. The investigation is in progress. 3. Heard Sri. Thammaiah H.N., learned counsel for the petitioner and Smt. Anitha Girish N. learned High Court Government Pleader for the respondent. 4. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences. He has been falsely implicated in this case. The alleged incident has not taken place. The complainant has been politically motivated and lodged a complaint only in order to arrest the petitioner. The petitioner is aged about 62 years old, and he has old-age ailments. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. - 5 - HC-KAR NC: 2026:KHC:15865 CRL.P No. 17187 of 2025 5. Per Contra, learned High Court Government Pleader for the respondent - State vehemently submitted that the manner in which the petitioner had assaulted the complainant would indicate the gravity of the said offence. The petitioner knew that the complainant was a woman and assaulted her with his hands, and also caused severe injuries to her. Moreover, he was trying to disrobe the complainant in public and made her go to her house in the said position. Therefore, it is not proper to grant bail to the petitioner. Making such submissions, the learned High Court Government Pleader for the respondent State prays to reject the petition. 6. Heard the learned counsel for the respective parties and perused the averments of the complaint, it appears from the record that on 27.10.2025, around about 1:00 p.m., when the complainant was moving for the purpose of grazing the cattle, the petitioner herein assaulted and tried to disturb the complainant. It is further stated that he had kicked her and removed her saree. She - 6 - HC-KAR NC: 2026:KHC:15865 CRL.P No. 17187 of 2025 went to her house with the petticoat, and thereafter, she went to the Government Hospital. On the same day, around about 07.00 p.m., the relatives of the petitioner herein had assembled in the house with a common intention to commit the offence, assaulted and damaged the front door of the house of the complainant and also assaulted the mother-in-law of the complainant, who is aged about 78 years. 7. Having gone through the facts and circumstances of the case, I am of the considered opinion that this is not a fit case to grant the relief as prayed for. 8. Accordingly, I proceed to pass the following: ORDER i. This Criminal Petition stands rejected. Sd/- (S RACHAIAH) JUDGE NM