SHANKAR @ SHANKAR RAO vs THE STATE THROUGH
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11238
CRL.P No. 201270 of 2026
CNR: KAHC030099262026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201270 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
SHANKAR @ SHANKAR RAO
S/O VENKATRAO MATKI @ PATIL,
AGE: 38 YEARS, OCC: PRIVATE WORK,
R/O: NEAR LAXMI TEMPLE, RAM NAGAR,
KALABURAGI-585 104.
…PETITIONER
(BY SRI MALIKPASHA, ADVOCATE)
AND:
1. THE STATE,
THROUGH SUB-URBAN POLICE STATION,
KALABURAGI
(REPRESENTED BY ADDL. SPP,
HIGH COURT
KALABURAGI-585107)
2. SMT. SIDDAMMA
W/O REVANASIDDAYYA
AGE: 65 YEARS, OCC: HOUSEHOLD,
R/O: NEAR LAXMI TEMPLE,
RAM NAGAR,
KALABURAGI – 585 104.
…RESPONDENTS
(BY SRI SIDDALING P. PATIL, ADDL. SPP;
R2-V/O DATED 19.09.2026 DELETED)
Digitally signed by
SUMITRA
SHERIGAR
Location: HIGH
COURT OF
KARNATAKA
VIDE ORDER DATED
19.09.2026 R2 IS
DELETED
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HC-KAR
NC: 2026:KHC-K:11238
CRL.P No. 201270 of 2026
CNR: KAHC030099262026
THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C
(OLD)/ 483 OF BNSS (NEW), PRAYING TO ALLOW THIS
PETITION AND RELEASE THE ACCUSED/ PETITIONERS ON
BAIL IN CRIME NO.110/2026 OF SUB-URBAN POLICE STATION,
KALABURAGI, PENDING ON THE FILE OF V ADDL. DISTRICT
AND SESSIONS JUDGE, KALABURAGI, FOR THE OFFENCE
PUNISHABLE UNDER SECTION 64 OF BNS 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard the learned counsel for the petitioner and
the learned Addl. SPP for the respondent No.1/ State on
the petition. Perused the relevant materials on record.
2. This petition is filed by the petitioner/ sole
accused under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘ BNSS ’), for granting
bail in his favour in the case in Crime No.110/2026 of
the respondent Police for the offence punishable under
Section 64 of Bharatiya Nyaya Sanhita (for short ‘BNS’),
pending before the learned V Addl. Civil Judge and
JMFC, Gulbarga.
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HC-KAR
NC: 2026:KHC-K:11238
CRL.P No. 201270 of 2026
CNR: KAHC030099262026
3. The learned Addl. SPP has orally objected to
the petition submitting that the investigation is already
over and the charge sheet is filed against the petitioner
for the offence punishable under section 64 of BNS,
which is punishable with imprisonment not less than
ten years and it may extend to 20 years. Mere fact that
the investigation is over and the charge sheet is filed
against the petitioner cannot be a ground to release the
petitioner on bail. Therefore, the learned Addl. SPP has
sought for dismissal of the petition.
4. The case alleged against the petitioner is that
on 10.05.2026 at about 5.00 p.m., the complainant/
victim was sitting on a platform outside the house of the
petitioner and she asked the petitioner a glass of water.
After sometime, the petitioner called her inside his
house and when she refused, the petitioner pulled her
inside and locked the door and committed forcible
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HC-KAR
NC: 2026:KHC-K:11238
CRL.P No. 201270 of 2026
CNR: KAHC030099262026
sexual intercourse with her. Hence, the petitioner
committed the alleged offence.
5. The submission of the learned counsel for the
petitioner is that the petitioner is innocent of the
offences alleged against him and he has not committed
any offence as alleged. per contra , as submitted by the
learned Addl. SPP, the investigation is over and the
charge sheet is filed against the petitioner for the offence
punishable under Section 64 of BNS. There are
sufficient materials against the petitioner for the alleged
offence. Hence, at this stage, this Court cannot come to
the conclusion that the petitioner is innocent of the
offence alleged against him.
6. Learned counsel for the petitioner has drawn
attention of this Court to the statement of some material
witnesses, wherein there are some discrepancies in their
statements with the statement of the victim. But, such
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HC-KAR
NC: 2026:KHC-K:11238
CRL.P No. 201270 of 2026
CNR: KAHC030099262026
contentions of the learned counsel for the petitioner do
not merit consideration at this stage and this Court
cannot be come to the conclusion that the petitioner is
innocent of the offence alleged against him.
7. However, even if it is accepted for the sake of
argument that there is prima facie case against the
petitioner for the alleged offence, the said offence is not
punishable with death or imprisonment for life. The
maximum punishment for the alleged offence is
imprisonment for not less than 10 years and it may
extend to 20 years. Even though the alleged offence is
triable by the Court of Sessions, there is no reason to
deny bail to the petitioner.
8. Moreover, the investigation is already over
and the charge sheet is filed against the petitioner and
therefore, the petitioner is not required for custodial
interrogation. The contention of the learned Addl. SPP
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HC-KAR
NC: 2026:KHC-K:11238
CRL.P No. 201270 of 2026
CNR: KAHC030099262026
that the medical report of the victim would show that
there was act of sexual intercourse by the petitioner on
the victim. However, as mentioned hereinabove, even if
it is accepted that there is prima facie case against the
petitioner for the alleged offence, unless the petitioner is
required for custodial interrogation, he cannot be
allowed to remain in judicial custody during pre trial
stage as punishment for the alleged offence.
9. Moreover, the materials on record would show
that the petitioner is permanent resident of Ram Nagar,
of Taluk and District Kalaburagi, within the jurisdiction
of the Court of the learned Magistrate and also of the
trial Court/ Sessions Court. There is no material
forthcoming from the respondent Police to show that
there are any antecedents of the petitioner that he
committed similar offences or any offence earlier.
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HC-KAR
NC: 2026:KHC-K:11238
CRL.P No. 201270 of 2026
CNR: KAHC030099262026
10. Any of the apprehensions of the learned Addl.
SPP can be suitably met with by imposing proper and
necessary conditions on the petitioner making him to
assist the Investigating Officer in further investigation of
the case. There is no any special ground made out by
the respondent Police to reject the bail of the petitioner.
Therefore, the petitioner is entitled to bail as sought for
and consequently, the petition deserves to be allowed.
11. In the result, I proceed to pass the following:
ORDER
allowed
The petition is hereby .
i)
ii) Consequently, the petitioner/ accused
shall be enlarged on bail in the case in Crime
No.110/2026 of the respondent Police for the
offence punishable under Sections 64 of
BNS , on his executing personal bond for
Rs.2,00,000/- with two sureties for the like
sum to the satisfaction of the learned
Magistrate or trial Court, as case may be,
subject to the following conditions that:
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NC: 2026:KHC-K:11238
CRL.P No. 201270 of 2026
CNR: KAHC030099262026
a) The petitioner shall appear before the
Investigating Officer as and when
required and he shall assist the
Investigating Officer in further
investigation of the case.
b) He shall appear before the learned
Magistrate and also before trial Court
as and when directed and he shall
assist the trial Court in trial of the
case.
c) He shall not tamper with prosecution
witnesses and hamper further
investigation of the case in any
manner, and
d) He shall not commit similar offences
or any offence during the pendency of
case.
If the petitioner violates any of the conditions of
bail, the bail granted in his favour shall stand cancelled.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
List No.: 1 Sl No.: 9