Karnataka High Court
Kumarswamy S/O Gangadharayya Hiremath vs The State Of Karnataka on 16 July, 2025
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NC: 2025:KHC-D:8822
CRL.P No. 101805 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 16TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.101805 OF 2025
(439 OF Cr.PC/483 OF BNSS)
BETWEEN:
KUMARSWAMY S/O. GANGADHARAYYA HIREMATH,
(AS PER FIR) KUMAR S/O. GANGADHARAYYA HIREMATH,
(AS PER RATION CARD), AGE: 39 YEARS, OCC: BUSINESS,
R/O. NEAR KALMESHWAR HIGH SCHOOL,
HOLEALUR, TQ. RON, DIST. GADAG-582203.
...PETITIONER
(BY SRI. K. L. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH P.S.I. RON P.S., THROUGH RON P.S.
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally
signed by
DHARWAD BENCH, DHARWAD-580011.
RAKESH S
HARIHAR 2. SMT. GOURAVVA W/O. SIDDAPPA AMBIGER,
Location:
High Court AGE: 40 YEARS, OCC: COOLIE,
of Karnataka,
Dharwad R/O. NEAR BASAVANNA TEMPLE,
Bench HOLE ALUR, TQ. RON, DIST. GADAG-582203.
...RESPONDENTS
(BY SHRI ABHISHEK MALIPATIL, HCGP; NOTICE TO R2 SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO
ALLOW THE CRIMINAL PETITION AND TO ENLARGE PETITIONER/
ACCUSED NO.2 ON REGULAR BAIL IN CONNECTION WITH RON P.S
CRIME NO.32/2025 PUNISHABLE UNDER SECTIONS 64(2)(M)(K),
75(2) R/W. SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023 ON
THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RON AND ETC.
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CRL.P No. 101805 of 2025
HC-KAR
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
Heard Shri K.L.Patil, the learned counsel for the
petitioner/accused No.2 and Shri Abhishek Malipatil, the
learned High Court Government Pleader for the respondent
No.1 - State.
2. The petitioner-accused No.2 has filed this
petition under Section 439 of Cr.P.C., [483 of Bharatiya
Nagarik Suraksha Sanhita, 2023] praying to grant bail in
S.C.No.65/2025, on the file of learned Sessions Judge,
Gadag in connection with Ron P.S. Crime No.32/2025 for
the offences punishable under Sections 75(2), 64(2)(k),
64(2)(m) read with Section 3(5) of Bharatiya Nyaya
Sanhita, 2023.
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3. The brief facts of prosecution case is as under;
The de facto complainant lodged a complaint before
the respondent-police alleging that her husband Siddappa,
died about 3 years ago prior to institution of incident, and
she has a son who resides with her parents. She is
acquainted with accused No.1-Basavaraj S/o Ishappa Koti
and accused No.2-Kumaraswamy S/o Gangadharayya
Hiremath for the last 7 to 8 years. The victim is a
physically handicapped woman. However, accused Nos.1
and 2 used to have intercourse with her forcibly. During
the last week of January-2025, between 8:00 pm to 9:00
pm, when she was near Kalmeshwar school, accused
No.2-Kumaraswamy had intercourse with her forcibly and
he noticed that her stomach is protruding. Thus, accused
No.2 advised the victim to have a check-up at Hospital. It
is alleged that about 8 to 10 months ago, accused No.1-
Basavaraj S/o Ishappa Koti came to her house and had
sexual intercourse with her forcibly. So also, accused
No.2-Kumaraswamy S/o Gangadharayya Hiremath
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committed rape on her against her will. Hence, she
became pregnant. Hence, the first informant lodged a
complaint to the respondent-police, which led to
registration of FIR and initiation of investigation.
4. Learned counsel for the petitioner contended
that the petitioner is innocent; has not committed any
office as alleged by the prosecution; he has been falsely
implicated in this case and there is no material against the
petitioner. Now the investigation is completed and
Investigating Officer has already filed the charge-sheet
against the accused persons and there is no necessity of
the petitioner to continue in judicial custody. The
petitioner is ready to abide by the conditions to be
imposed by this Court. With these grounds, the counsel
prayed for allowing the petition.
5. Per contra, learned High Court Government
Pleader contended that there is a prima-facie material
against the petitioner. In the statement of the victim
recorded under Section 164 of Cr.P.C., she has
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categorically stated against accused Nos.1 and 2 and the
manner of commission of sexual assault on her. The
medical report clearly indicates that at the time of
incident, she was pregnant for 29 weeks. If the petitioner
is released on bail, he would tamper with the prosecution
witnesses and hamper the trial. Hence, he prays to dismiss
the bail petition.
6. Perused the material available on record.
7. On perusal of the material available on record,
it reveals that the victim is aged about 40 years as on the
date of incident. As per the statement of victim recorded
under Section 164 of Cr.P.C., she has stated that the
petitioner and accused No.1 committed sexual assault on
her forcibly on several occasions knowing that she is a
physically handicapped woman. The medical report reveals
that the victim is pregnant. Learned HCGP vehemently
contended that though the investigation is completed, the
DNA report is yet to received.
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8. The co-ordinate Bench of this Court in a
reported judgment in Crl.P.No.6789/2022 in paragraph
No.12 and in 2022 SCC OnLine KAR 1542 at paragraph-
14, wherein, it is clearly held that 'the DNA report is not a
conclusive proof'. The version of the victim as stated in the
first information and also in her statement recorded under
Section 164 of Cr.P.C., reveals that accused Nos.1 and 2
committed sexual assault on her, thus, she became
pregnant. The victim is a major woman. It appears that
there was consent on the part of victim. In the statement
of victim recorded under Section 164 of Cr.P.C., except
the word 'force', rest of the statement reveals that she
used to have sex with accused Nos.1 and 2 frequently. The
petitioner is in judicial custody for last 4 months i.e. from
the date of arrest. The trial in the matter may take a
considerable amount of time. The petitioner is a
permanent resident of the address mentioned in the cause
title of the petition and he is ready and willing to abide by
the conditions imposed by this Court. Under these
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circumstances, the petitioner may be enlarged on bail with
stringent conditions. Accordingly, the following:
ORDER
The criminal petition is allowed.
The petitioner-accused No.2 is ordered to be
enlarged on bail in Crime No.32/2024 (S.C.No.65/2025
pending on the file of Sessions Judge, Gadag) of Ron P.S.
for the offences punishable under Sections 75(2),
64(2)(k), 64(2)(m) read with Section 3(5) of Bharatiya
Nyaya Sanhita, 2023, subject to following conditions.
(i) The petitioner-accused No.2 shall execute
a personal bond in a sum of Rs.2,00,000/-
with two sureties for the like sum to the
satisfaction of the jurisdictional Court.
(ii) The petitioner shall not threaten or tamper
with the prosecution witnesses either
directly or indirectly.
(iii) The petitioner shall attend the
jurisdictional Court regularly and as and
when required.
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(iv) The petitioner shall not involve in the
similar or any other offences.
(v) Violation of any one of the conditions
would entitle the prosecution to seek for
cancellation of the bail.
Note:- The observation made in this petition is only for
the purpose of disposal of this petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
AM/-
CT-AN
