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Judgment
ORAL ORDER
Heard Sri.Vidyashankar G.Dalawai, learned counsel for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for respondent No.1–State.
This petition is filed by the petitioner/accused under Section 439 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) (Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) seeking to enlarge the petitioner on bail in C.C.No.55/2026, pending on the file of learned Prl. Civil Judge (Sr.Dn) and CJM, Haveri arising out of Crime No.34/2026 of Haveri Women Police Station, registered for the offences punishable under Sections 351(2), 69, 64 (1) (m) of Bharatiya Nyaya Sanhita, 2023 (“BNS” for short).
Brief facts of the case of the prosecution are as under:
The petitioner and brother of the victim were friends. The petitioner and victim developed love towards each other. On 17.03.2026, the petitioner called the victim to come to Ranebennur Bus-stand where, the petitioner took the victim on his motorcycle bearing registration No.KA-27/EU-2681 at about 07:00 p.m. and, on the same day, he took her to Pragathi Lodge, where he committed rape on her in Room No.112 and made criminal intimidation to eliminate her if she revealed the incident to anybody. Hence, the de facto complainant lodged the complaint against the petitioner. Accordingly, a case came to be registered for the aforesaid offences.
During the course of investigation, the petitioner was arrested and in turn, remanded to judicial custody. Since then, he is in judicial custody. Hence, this petition.
Learned counsel for the petitioner contended that the petitioner is innocent of the offences alleged and has not committed any offence. It is contended that the petitioner hails from a respectable family. Now, the investigation is completed and the Investigating Officer has filed the charge sheet. It is contended that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, learned counsel for the petitioner prayed to allow the petition.
Per contra, learned HCGP contended that the petitioner is involved in a heinous offence punishable under Section 376 of the Indian Penal Code/Section 64(2)(m) of the BNS, 2023, and there is a prima facie material against him. Considering the nature and gravity of the offence, the petitioner is not entitled to be enlarged on bail. Hence, learned HCGP prayed to reject the petition.
Perused the material available on record.
On perusal of the charge-sheet material and the statement of the victim recorded under Section 183 of BNSS, 2023, reveals that she has stated that, as on the date of the incident, she was in love with the petitioner and both of them used to move around together. She has further stated that the petitioner had sexual intercourse with her on the promise of marriage and subsequently, failed to perform the marriage. Since the victim herself has stated that she was in love with the petitioner, the fact that the victim is aged about 21 years, the Investigating Officer has already filed the charge-sheet against the petitioner, the petitioner is in judicial custody since from 21.03.2026 and having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and antecedents of the petitioner tampering of the prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, the Court proceeds to pass the following;
ORDER
The petition filed under Section 439 of Cr.P.C., [Section 483 of BNSS, 2023) is allowed.
The petitioner/accused is ordered to be enlarged on bail in C.C.No.55/2026, pending on the file of learned Prl. Civil Judge (Sr.Dn) and CJM, Haveri arising out of Crime No.34/2026 of Haveri Women Police Station, on executing personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of trial Court, subject to the following conditions:
The petitioner shall not tamper the prosecution witnesses and shall not threaten the witnesses in any manner;
ii) The petitioner shall appear before the Trial Court regularly without fail, as and when his presence is required.
iii) The petitioner shall not involve himself in any offences.
Any violation of the conditions imposed above would enable the prosecution to seek for cancellation of bail.
NOTE:- The above observation is made only for disposal of this petition.