Karnataka High Court
Sri. Askar Ali vs The State Of Karnataka on 23 June, 2025
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CRL.A No. 100310 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 23RD DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.100310 OF 2025
BETWEEN:
SRI ASKAR ALI
S/O. HUSENSAB NANDESHWAR
AGED ABOUT 36 YEARS
OCC. AGRICULTURE
RESIDING OF MAREGUDDI VILLAGE
TALUK: JAMKHANDI
DISTRICT: BAGALKOT-587 301.
...APPELLANT
(BY SRI ANAND R. KOLLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
Digitally signed
by RAKESH S DHARWAD
HARIHAR
Location: High JAMKHANDI RURAL POLICE STATION
Court of
Karnataka, DISTRICT: BAGALKOT-583 229.
Dharwad Bench
2. SMT. SHILPA
W/O. BHIMAPPA HALAGI
AGE: 33 YEARS
OCC. SOCIAL WORKER.
3. KUMARI YASSHODHA
D/O. BHIMAPPA HALAGI
AGE: 13 YEARS
OCC. STUDENT.
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CRL.A No. 100310 of 2025
HC-KAR
RESPONDENT NOS.2 AND 3 ARE
RESIDENT OF MAREGUDDI VILLAGE
TALUK: JAMKHANDI
DISTRICT: BAGALKOT-587 301
...RESPONDENTS
(BY SRI JAIRAM SIDDI, H.C.G.P., FOR R-1,
SRI NAGARAJ C. KALLOORI, ADVOCATE, FOR R-2, &
RESPONDENT NO.3 IS MINOR AND REPRESENTED
BY RESPONDENT NO.2)
***
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF
THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF
ATROCITIES) ACT, 1989, READ WITH SECTION 483 OF THE
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO SET
ASIDE THE ORDER DATED 29-4-2025 PASSED BY THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE, IN
JAMKHANDI RURAL POLICE STATION IN CRIME NO.42 OF 2025 AND
TO ENLARGE THE APPELLANT/ACCUSED NO.1 ON REGULAR BAIL IN
CONNECTION WITH CRIME NO.42 OF 2025 REGISTERED BY
JAMKHANDI POLICE STATION FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 189(2), 191(2), 331, 115, 118, 64, 305, 352,
351(2) AND 77 READ WITH SECTION 190 OF THE BHARATIYA NYAYA
SANHITA, 2023, AND UNDER SECTIONS 3(2)(V), 3(1)(R) AND
3(1)(S) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015.
THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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CRL.A No. 100310 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
The appellant/accused No.1 has filed this appeal
under Section 14A(2) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, read
with Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, praying to set aside the order dated
29-4-2025 passed by the II Additional District and
Sessions Judge, Bagalkote, in Jamakhandi Rural P.S. Cr.
No.42/2025 for the offences punishable under Sections
189(2), 191(2), 331, 115, 118, 64, 305, 352, 351(2) and
77 read with Section 190 of the Bharatiya Nyaya Sanhita,
2023, and under Sections 3(2)(v), 3(1)(r) and 3(1)(s) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015, whereby the application
filed by the appellant seeking regular bail has been
rejected.
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2. Heard Sri Anand R. Kolli, learned counsel for the
appellant, Sri Jayaram Siddi, learned High Court
Government Pleader for respondent No.1-State, and
Sri Nagaraj C. Kalloori, learned counsel for respondent
No.2-de facto complainant.
3. The brief facts of the prosecution case are that,
on 3-4-2025, the first informant lodged a complaint
against the appellant and others alleging that the
appellant came in contact with de facto complainant in the
year 2001 as he was a friend of her husband and he was
often visiting her house. During 2021, her husband died
due to Covid and hence, he developed relationship with
the de facto complainant, thereby committed sexual
assault on her against her will and consent, made video-
graph of the same and blackmailed her to give a sum of
Rs.1.50 lakh. Later, he introduced accused No.2 to the de
facto complainant and insisted her to have sexual
intercourse with him. On 30-3-2025 at 10:00 p.m., the
appellant trespassed the house of de facto complainant,
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took quarrel with her and when her minor daughter
(CW8), intervened to pacify the quarrel, he sexually
abused the minor girl, outraged her modesty and abused
her by taking her caste. Hence, she lodged the complaint,
which led to registration of First Information Report and
investigation.
4. Learned counsel for the appellant has contended
that, the complainant has lodged a false complaint against
the appellant and no proper explanation has been offered
by the first informant while lodging First Information
Report. The appellant is in judicial custody. The appellant
is ready to abide by any conditions to be imposed by this
Court. Hence, he prayed to allow the appeal.
5. Learned High Court Government Pleader for
respondent No.1-State and the learned counsel for
respondent No.2-the de facto complainant have contended
that the appellant has committed serious offence of sexual
assault. Hence, there is prima-facie case against him. If
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the appellant is released on bail, he may tamper with the
prosecution witnesses and may influence the victim and
there is likelihood of he being fleeing away from justice.
Hence, they pray to dismiss the appeal.
6. Perused the material available on record including
First Information Report, complaint, charge-sheet and
other material.
7. On perusal of the material available on record, it
appears that the appellant came in contact with the de
facto complainant in the year 2021, he sexually abused
her, and also committed rape on her against her will and
consent. Later, he introduced accused No.2 to the de facto
complainant and insisted her to have sex with him also. As
per the averments made in the entire charge-sheet, i.e. on
30-3-2025, accused No.2 trespassed the house of de facto
complainant, took quarrel with her and outraged the
modesty of the de facto complainant as well as her minor
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daughter. Thus, accused No.2 sexually abused the de facto
complainant and her minor daughter.
8. On perusal of the statement of the
victim/complainant recorded under Section 164 of the
Code of Criminal Procedure, 1973, it reveals that she
made clear allegations against accused No.2. It shows that
after lapse of four years, she lodged the complaint against
the appellant.
9. Having regard to the material placed on record,
the victim has merely stated that accused No.2 sexually
abused her.
10. Now, the investigation is completed and charge-
sheet is filed. Considering the nature of allegations, gravity
of offence, circumstances in which the offence is
committed, position and status of the appellant with
reference to the victim and witness, likelihood of fleeing
away from justice, of repeating same offences by the
appellant, of tampering with witness, character and
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antecedents of the appellant, this Court is of the opinion
that the appellant is entitled for bail.
11. Learned counsel for respondent No.2 has
contended that if the appellant is released on bail, he may
threaten with the prosecution witnesses. Such
apprehension may be met with by imposing suitable
conditions. Accordingly, I proceed to pass the following
ORDER
I. Criminal appeal is allowed.
II. The order dated 29-4-2025 passed by the II
Additional District and Sessions Judge, Bagalkote, in
Jamakhandi Rural P.S. Cr. No.42/2025, in respect of
granting regular bail to the appellant, is hereby set
aside.
III. The appellant/accused No.1 is ordered to be released
on bail in Crime No.42/2025 registered by the
respondent-Jamakhandi Rural Police Station,
Bagalkote, for the offences punishable under
Sections 189(2), 191(2), 331, 115, 118, 64, 305,
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352, 351(2) and 77 read with Section 190 of the
Bharatiya Nyaya Sanhita, 2023, and under Sections
3(2)(v), 3(1)(r) and 3(1)(s) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2015, subject to the following
conditions:
i. The appellant shall execute a personal bond
in a sum of Rs.2,00,000/- (Rupees two lakh
only) with two sureties for the likesum to the
satisfaction of the trial Court;
ii. The appellant shall not tamper with the
prosecution witnesses directly or indirectly;
iii. The appellant shall appear before the trial
Court on all dates of hearing;
iv. The appellant shall not indulge in any similar
offences, and
v. The appellant shall not threaten de facto
complainant and her minor daughter (CW8).
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Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail.
Sd/-
(VENKATESH NAIK T)
JUDGE
KVK
