Bhaskar Nayak R A vs The State Of Karnataka

Citation : 2026 Latest Caselaw 2318 Kant
Judgement Date : 16 March, 2026

[Cites 6, Cited by 0]

Karnataka High Court

Bhaskar Nayak R A vs The State Of Karnataka on 16 March, 2026

                                            -1-
                                                          NC: 2026:KHC:15344
                                                       CRL.P No. 912 of 2026


                 HC-KAR




                      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. 912 OF 2026
                                  (439(Cr.PC)/483(BNSS))


                 BETWEEN:

                       BHASKAR NAYAK R A
                       S/O ASHWATHNARAYANA,
                       AGED ABOUT 24 YEARS,
                       R/O RACHAMARANAHALLI VILLAGE,
                       BUDHIBETTA POST,
                       Y N HOSAKOTE HOBLI,
                       PAVAGADA TALUK - 572 101


                                                               ...PETITIONER
                 (BY SRI. B S BASAVARAJU, ADVOCATE)
Digitally
signed by        AND:
SREEDHARAN
BANGALORE
SUSHMA           1.    THE STATE OF KARNATAKA
LAKSHMI
Location: High         Y N HOSAKOTE POLICE STATION,
Court of               REPRESENTED BY SPP,
Karnataka
                       HIGH COURT OF KARNATAKA,
                       BENGALURU - 560 001.


                                                              ...RESPONDENT
                 (BY SRI. RANGASWAMY R, HCGP)
                           -2-
                                      NC: 2026:KHC:15344
                                   CRL.P No. 912 of 2026


HC-KAR




     THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS)

BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS

HONOURABLE COURT MAY BE PLEASED TO

  a. ENLARGE THE PETITIONER ON BAIL U/S 483 BNSS IN

     CR.NO.83/2025 Y.N.HOSAKOTE P.S., PENDING ON THE

     FILE OF THE ADDL. CIVIL JUDGE AND JMFC, PAVAGADA

     FOR THE OFFENCES P/U/S 64(2)(m), 318(2) R/W 54 OF

     BNS ACT.

  b. TO PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT

     DEEMS FIT TO PASS IN THE CIRCUMSTANCES OF THE

     CASE, IN THE INTEREST OF JUSTICE AND EQUITY.




     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:




CORAM: HON'BLE MR. JUSTICE S RACHAIAH
                                -3-
                                            NC: 2026:KHC:15344
                                         CRL.P No. 912 of 2026


HC-KAR




                          ORAL ORDER

1. The petitioner, who is arraigned as accused No.1, is before this Court seeking for grant of regular bail in Crime No.83/2025 registered by the respondent-police for the offences punishable under Sections 318(2), 64(2)(m), 54 of the Bharatiya Nyaya Sanhita, 2023.

Brief facts of the case:

2. The case of the prosecution is that, a complaint came to be registered by the complainant stating that, she is the resident of Rachamaranahalli Village, Pavagada Taluk. It is alleged that the present petitioner and the victim were loving each other since seven years and it is further alleged that the petitioner had committed sexual assault on her on several occasions. On 02.05.2025, it is stated that, he had kept her in a village which is situated near Kalyana Durga and committed sexual intercourse on her on several occasions. Thereafter, he was dodging the matter of marriage in one or the other way; ultimately, he refused to marry her. Therefore, she lodges a complaint against the petitioner herein. Based on the complaint filed by the complainant/victim, the respondent/police have -4- NC: 2026:KHC:15344 CRL.P No. 912 of 2026 HC-KAR registered a case and conducting the investigation. The investigation is under progress.

3. Heard Sri. B.S.Basavaraju, learned counsel for the petitioner and Sri. Rangaswamy, learned High Court Government Pleader for respondent-State.

4. It is the submission of the learned counsel for the petitioner that a false case has been registered against the petitioner and he is innocent of the alleged offences. In fact, the allegations made against the petitioner are baseless and false. A proposal was made for the purpose of marriage. However, due to unavoidable circumstances, the petitioner refused to marry her. Therefore, she filed a false complaint. The petitioner is aged about 24 years and he is the permanent resident of Rachamaranahalli village. He is the earning member of the family. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition.

5. Per contra, the learned High Court Government Pleader for respondent -State vehemently submitted that the statement of the victim under Section 164 of the Code of Criminal Procedure / Section 183 of the Bharatiya Nagarik -5- NC: 2026:KHC:15344 CRL.P No. 912 of 2026 HC-KAR Suraksha Sanhita, 2023 has been recorded and she is consistent in her statement that she had been subjected to sexual intercourse by the petitioner on the pretext of marriage. Later, he refused to marry her. The matter is under investigation. At this stage, it is not appropriate to grant him bail. Making such submissions, he 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 the victim and the petitioner were loving each other since seven years. It is further alleged that she had been subjected to sexual intercourse by the petitioner on several occasions on the pretext of marriage. Ultimately, due to unavoidable circumstances, it appears that, he had refused to marry her. Therefore, a case came to be registered against the petitioner. The petitioner is now in judicial custody. Having considered the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution.

7. Hence, I proceed to pass the following:

ORDER
(i) The Criminal Petition is allowed. -6-

NC: 2026:KHC:15344 CRL.P No. 912 of 2026 HC-KAR

(ii) The petitioner is ordered to be enlarged on bail in Crime No.83/2025 of respondent- police for the offences stated supra, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court.

(iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.

(iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.

Sd/-

(S RACHAIAH) JUDGE BSS List No.: 1 Sl No.: 24