Karnataka High Court
Sri Shankara G S/O Late Chidanandappa vs State Of Karnataka on 28 February, 2025
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
-1-
NC: 2025:KHC-D:3997
CRL.P No. 100132 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
CRIMINAL PETITION NO.100132 OF 2025
[438(CR.PC)/482(BNSS)]
BETWEEN:
SRI SHANKARA G. S/O. LATE CHIDANANDAPPA,
AGE: 24 YEARS, OCC. AGRICULTURE,
R/O. BAGEWADI VILLAGE, TQ. SIRUGUPPA,
DIST. BALLARI.
... PETITIONER
(BY SRI CHITRA GOUNDALKAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY SIRUGUPPA POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-580011.
Digitally
VN
signed by V
N BADIGER 2. ALAMBASHA LATE SIDDAPPA,
BADIGER Date:
2025.03.01
10:27:33
+0530
AGE: 40 YEARS, OCC. LABOURER,
R/O. BAGEWADI VILLAGE, TQ. SIRUGUPPA,
DIST. BALLARI-583121.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
BNSS, SEEKING TO GRANT THE PETITIONER/ACCUSED ON
ANTICIPATORY BAIL AND DIRECT RESPONDENT POLICE TO RELEASE
HIM ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT
POLICE IN SPL.CASE NO.1035/2024 PENDING ON THE FILE OF ADDL.
DISTRICT AND SESSIONS JUDGE, FTSC-I, BALLARI, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 87, 54, 137(2), 64(2) (m)
OF BNS, 2023 AND SECTIONS 4(2), 5(L), 6, 8 OF POCSO ACT 2012,
ARISING OUT OF CRIME NO.205/2024 REGISTERED BY SIRUGUPPA
POLICE STATION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
-2-
NC: 2025:KHC-D:3997
CRL.P No. 100132 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)
This petition is filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023 ('BNSS' for short), for grant of
anticipatory bail in Spl.Case no.1035/2024 (Crime no.205/2024
of Siruguppa Police Station) for offences punishable under
Sections 87, 54, 137 (2), 64 (2) (m) of Bharatiya Nyaya
Sanhita, 2023 ('BNS' for short) and Sections 4 (2), 5 (l), 6 and
8 of Protection of Children from Sexual Offences Act, 2012
('POCSO' for short) by accused no.5 (petitioner).
2. Ms.Chitra Goundalkar, learned counsel for petitioner
submitted petitioner was 24 years old agriculturist and
permanent resident of Bagewadi village. He was law abiding
citizen and not committed any offences. But, was apprehending
arrest for non-bailable offences in view of Crime no.205/2024
registered by Siruguppa Police Station on 23.09.2024,
arraigning him as accused no.5, in order to destroy his
reputation.
3. It was submitted, even as per prosecution,
Alambasha (complainant) filed complaint on 23.09.2024,
stating that he had two children including victim and was
NC: 2025:KHC-D:3997
residing at Bagewadi village. While his son was going to school,
after completing 8th Std., victim did not pursue further
education due to health issues and stayed at home.
Complainant and his wife were going for work on daily wages
from 9:00 a.m. to 6:00 p.m. And as usual on 22.09.2024,
complainant and his wife went to work and returned home and
were asleep after dinner, when complainant's wife woke up
around 5:00 a.m. on 23.09.2024 and found victim missing. She
woke up complainant and searched for victim along with his
wife nearby their house and in and around village and also at
Tungabhadra River. But they could not find her. Therefore,
complainant suspected that she was kidnapped by accused no.1
and filed complaint. Same was registered as Crime
no.205/2024 for offence under Section 137 (2) of BNS.
4. It was submitted, when victim returned on
24.09.2024, her statement was recorded under Section 161 of
CrPC, wherein she stated that accused no.1 was residing near
her house and they knew each other. Accused no.1 had gave
his mobile number to her and asked her to call him. And when
she called, he told her that he was in love with her. Though,
she denied initially, due to his force, she accept his love.
Thereafter, they were in regular contact. About two months
NC: 2025:KHC-D:3997
earlier, accused no.1 came to her house and told her, he
belongs to same caste and would marry her and forced her to
have sexual intercourse. He repeated same a week later, in
during absence of her parents. On 22.09.2024, he spoke to
victim on her mother's mobile at 10:30 p.m. and asked her to
come near River at 11:30 p.m. to go to Mantralaya and get
married. When she arrived, accused no.3 was present.
Thereafter, they towards on motorcycle belonging to accused
no.2. When accused no.1 sought help from accused no.2 and 4,
they asked him to come to Kottalachinta. On realizing their
plans, accused no.2 took his motorcycle back. Thereafter,
petitioner is alleged to have taken accused no.1 and victim on
his motorcycle back to Bagewadi and dropped them near
victim's house. Based on said statement, there was expansion
of crime for offences under Sections 87, 54, 137 (2), 64 (2)
(m) of BNS and Sections 4 (2), 5 (l), 6 and 8 of POCSO.
5. It was submitted, except statement that petitioner
had dropped victim and accused no.1 to Bagewadi, there was
no other over act attributable to petitioner. It was submitted
entire complaint allegations were mainly against accused no.1
to 4, but they were already enlarged on bail by District Court.
NC: 2025:KHC-D:3997
Thus, even on ground of parity, petitioner was entitled for bail.
On above grounds, sought for allowing petition.
6. On other hand, Smt.Girija S. Hiremath, learned
HCGP for respondent no.1 - State submitted, initially complaint
was filed/registered for offence only under Section 137 (2) of
BNS. Based on statement of victim recorded after tracing her,
other offences were included in Crime number. Victim had
supported prosecution case in her statement recorded under
Section 180 of BNSS. And had specifically alleged that
petitioner had taken them to Bagewadi village and thus aided in
commission of offences. In case petitioner was granted bail, he
was likely to tamper prosecution witnesses or flee from justice.
On above grounds, sought rejection of petition.
7. Despite service of notice, respondent no.2 remained
served but, unrepresented.
8. Heard learned counsel.
9. From above, point that arises for consideration is:
"Whether petitioner is entitled for
anticipatory bail on conditions?"
NC: 2025:KHC-D:3997
10. This petition is for anticipatory bail by accused no.5
apprehending his arrest in view of registration of Crime
no.205/2024 for offences under Sections 87, 54, 137 (2), 64
(2) (m) of BNS and Sections 4 (2), 5 (L), 6 and 8 of POCSO i.e.
Kidnap under Section 137 (2) punishable with imprisonment
upto 7 years and kidnapping for compelling marriage under
Section 87 punishable with imprisonment upto 10 years;
repeated rape on same woman under Section 64 (2) (m)
punishable with imprisonment upto 10 years which may extend
to imprisonment for life (natural life); abetment of offence
under Section 54 of BNS; penetrative sexual assault under
Section 4 of POCSO punishable with imprisonment upto 7 years
which may extend to imprisonment for life, aggravated
penetrative sexual assault and punishment for aggravated
penetrative sexual assault under Sections 5 and 6 of POCSO
punishable with imprisonment upto 10 years which may extend
to imprisonment for life; sexual assault under Section 8 of
POCSO punishable with imprisonment upto 3 years which may
extend to 5 years. Amongst above, offences of rape, sexual
assault and aggravated sexual assault attract punishment in
excess of 10 years up to life. Therefore, nature of offences
would be heinous.
NC: 2025:KHC-D:3997
11. However, it is seen, except statement of victim that
petitioner had dropped accused no.1 and victim to Bagewadi
village, which would not constitute any offence. Even fact that
there were no criminal antecedents also favored petitioner. And
fact that all other accused are already on bail would entitle
petitioner for similar treatment. Point for consideration is
answered in affirmative.
12. Hence, following:
ORDER
Petition is allowed. Petitioner/accused no.5
shall be enlarged on bail, in case of his arrest in
Spl.Case no.1035/2024 (Crime no.205/2024 of
Siraguppa Police Station) for offences punishable
under Sections 87, 54, 137 (2), 64 (2) (m) of BNS
and Sections 4 (2), 5 (l), 6 and 8 of POCSO, subject
to following conditions:
a) Petitioner shall execute personal bond
for sum of Rs.1,00,000/- with two
sureties for likesum to satisfaction of
Court.
b) He shall attend Court proceedings
regularly.
c) He shall not threaten, tamper with or
influence prosecution witnesses, either
directly or indirectly.
NC: 2025:KHC-D:3997
d) He shall not indulge in any criminal
activities.
e) It is clarified that all observations
herein are prima facie consideration of
this order and shall not bind trial Court
while passing final judgment.
SD/-
(RAVI V.HOSMANI)
JUDGE
EM/GRD
CT:PA
