Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200774 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MALLIKARJUN S/O SIDDANNA SIRASAGI, AGED ABOUT 30 YEARS, OCC: AGRICULTURE, R/O. ALAMELA, DIST. VIJAYAPURA-586115. …PETITIONER (BY SRI SACHIN C. ANGADI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH WOMEN PS VIJAYAPURA, REP. BY ITS, ADDITIONAL STATE PUBLIC PROSECUTOR, Digitally signed HIGH COURT OF KARNATAKA, by RENUKA KALABURAGI-585102. Location: HIGH COURT OF …RESPONDENT KARNATAKA (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF BNSS,2023 PRAYING TO ALLOW THE ABOVE PETITION AND RELEASE THE PETITIONER/ ACCUSED ON REGULAR BAIL IN CRIME NO.16/2025, REGISTERED BY WOMEN PS VIJAYAPUR, FOR OFFENCES PUNISHABLE UNDER SECTIONS 376 (2)(N), 417 AND 504 OF THE IPC THE CASE IS CURRENTLY PENDING BEFORE THE 4TH ADDL. CIVIL JUDGE AND JMFC, COURT VIJAYAPURA. -2- THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioner who is the sole accused has approached this Court seeking regular bail in Crime No.16/2025 registered by Women Police Station, Vijayapura, for the offences punishable under Sections 376(2)(n), 417 and 504 of IPC.
2. Factual matrix of the case: The complainant-Bhuvaneshwari D/o Bheemashankar
Biradar lodged a complaint stating that she studied up to B.A., and she was assisting her mother in the household work by staying at home. Her father was working as auto driver for his livelihood. Her parents had four children. She is the second daughter among all the children. On 12.02.2021, the petitioner herein being her relative was talking with her closely. The said closeness developed into
-3-
intimacy. It is also stated that the petitioner had promised her that he would marry her and had sexual intercourse with her on the pretext of marriage. Thereafter, he was dodging the matter of marriage on one or the other pretext. On 13.02.2025, he had refused to marry her. Therefore, she lodged the complaint on 17.02.2025. Based
on the said complaint, the respondent-Police have registered the case and they are conducting investigation. The investigation is under progress.
3. Heard Sri.Sachin C.Angadi, learned counsel for the petitioner and Sri.Jamadar Shahabuddin, learned High Court Government Pleader for the respondent-State.
4. It is the submission of the learned counsel for
the petitioner that though the petitioner is stated to have committed sexual intercourse on the promise of marriage with the victim/complainant, the fact remains that, the alleged incident is said to have taken place on 12.02.2021, however, she lodged the complaint on 17.02.2025. It is further submitted that there may be various reasons for
-4- the delay in lodging the complaint, however, the offence under Section 376 of IPC would not attract against the petitioner as the victim was a consenting party to the said act. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition.
5. Per contra, learned High Court Government
Pleader vehemently opposed the said submissions and he further submitted that though the victim is aged about 24 years, the fact remains that, the petitioner used her on the pretext of marriage and committed sexual intercourse on several occasions till she lodges the complaint. He had kept her under the impression that he would marry her. Therefore, it is not appropriate at this stage to grant him bail. Making such submissions, he prays to dismiss the petition.
6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that the petitioner, -5-
being a relative of the victim, stated to have developed intimacy with her and on the pretext of marrying her, he is stated to have committed sexual intercourse with her. Though the petitioner is said to have committed sexual intercourse in the year 2021 for the first time, till 17.02.2025, the complainant did not lodge any complaint before the jurisdictional Police regarding the incident, that itself would indicate that the petitioner has made out a ground to grant him bail.
7. Accordingly, I pass the following:
ORDER
The Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.16/2025 of Women Police Station, Vijayapura, pending on the file of IV-Additional Civil Judge and JMFC Court, Vijayapura, for the offences punishable under Sections 376(2)(n), 417 and 504 of IPC, on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One -6- Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court, on the following conditions: i. The petitioner shall not threaten or tamper the prosecution witnesses. ii. The petitioner shall appear before the Trial Court on all the hearing dates without fail. In view of disposal of the main petition, I.A.No.1/2025 does not survive for consideration. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 2 CT:PK