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