MALLIKARJUN @ MALLANNA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11517
CRL.P No. 201431 of 2026
CNR: KAHC030106572026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.201431 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
MALLIKARJUN @ MALLANNA S/O AMBRESH
@ AMARESH KOTEKAL, AGE: 20 YEARS,
OCC: AGRICULTURE, R/O BHUMANAGUNDA
VILLAGE, TQ. ARAKERA, DIST. RAICHUR- 584 101.
…PETITIONER
(BY SRI. SACHIN M. MAHAJAN, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY JALAHALLI POLICE STATION,
TQ.DEVADURGA, DIST. RAICHUR,
REPRESENTED BY ADDITIONAL S.P.P.
HON’BLE HIGH COURT OF KARNATAKA.
BENCH AT KALABURAGI-585 103.
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
…RESPONDENT
(BY SRI. MAQBOOL AHMED, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA,
2023, PRAYING TO ALLOW THE PETITION AND ORDER
FOR RELEASE OF THE PETITIONER ON BAIL IN CRIME
NO.151/2026 OF JALAHALLI POLICE STATION, TQ.
DEVADURGA, DIST. RAICHUR, FOR THE ALLEGED
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HC-KAR
NC: 2026:KHC-K:11517
CRL.P No. 201431 of 2026
CNR: KAHC030106572026
OFFENCES PUNISHABLE UNDER SECTIONS 64(1) AND
329(4) OF THE BHARATIYA NYAYA SANHITA 2023,
PENDING INVESTIGATION, IN RESPECT OF WHICH THE
PETITION FOR REGULAR BAIL FILED BY THE PETITIONER
IN CRIMINAL MISC. NO.514/2026 CAME TO BE REJECTED
BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS
JUDGE, RAICHUR VIDE ORDER DATED 17.09.2026, AND
PASS SUCH OTHER ORDER AS THIS HON’BLE COURT
DEEMS FIT IN THE FACT AND CIRCUMSTANCES OF THE
CASE, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Learned High Court Government Pleader (for short
‘HCGP’) for the respondent has filed report of the
Investigating Officer along with copies of some
documents regarding the investigation done in the case.
2. Heard learned counsel for the petitioner and
also HCGP for the respondent on the petition. Perused
the relevant materials on record.
3. This petition is filed by the petitioner/ sole
accused under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘BNSS’) praying for
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HC-KAR
NC: 2026:KHC-K:11517
CRL.P No. 201431 of 2026
CNR: KAHC030106572026
an order to grant bail in his favour in the case in Crime
No.151/2026 of the respondent Police for the offences
punishable under Sections 64(1) and 329(4) of
Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) pending
before the learned Senior Civil Judge and JMFC,
Devadurga.
4. Learned HCGP has orally objected to the
petition submitting that as per the complaint
averments, there is prima facie case against the
petitioner for the alleged offences. The investigation is
yet to be completed. If the petitioner is released on bail
at this stage, there is chance of him tampering with
prosecution witnesses and hampering further
investigation of the case. There is no any special ground
made out by the petitioner to grant bail in his favour.
Therefore, the learned HCGP has sought for dismissal of
the petition.
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HC-KAR
NC: 2026:KHC-K:11517
CRL.P No. 201431 of 2026
CNR: KAHC030106572026
5. The case alleged against the petitioner is that
on 27.07.2026 at about 11.30 p.m., when the
complainant was sleeping along with her children in the
Varanda and her husband was sleeping inside the room,
the petitioner unlawfully entered into the house and
went to the corner of the house where the victim was
sleeping and on seeing her in the light of the lamp,
pulled her saree, pressed her saree into her mouth and
forcibly had sexual intercourse with the victim and
thereby, committed the alleged offences.
6. 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. The petitioner is aged about 20 years and
the victim is aged 30 years and she is married woman,
having four children and hence, the complaint
averments itself are not believable. The submission of
the learned counsel for the petitioner is also that there
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HC-KAR
NC: 2026:KHC-K:11517
CRL.P No. 201431 of 2026
CNR: KAHC030106572026
is delay of about four(4) days in filing the complaint and
hence, the complaint averments are false and after
thought. Hence, the learned counsel for the petitioner
has sought for allowing the petition.
7. Per contra , as submitted by the learned HCGP
for the respondent, the investigation is in the process
and it is yet to be completed. Moreover, the victim gave
statement before the learned Magistrate under Section
183 of BNSS, wherein there is specific allegation made
against the petitioner that he committed forcible sexual
intercourse on her. Hence, at this stage there is no
reason to disbelieve the contents of the complaint.
8. Moreover, the delay of about 3 to 4 days in
filing the complaint cannot be ground to disbelieve the
complaint averments at this stage, as the investigation
is yet to be completed. Further, as submitted by the
learned HCGP, in the complaint itself there is reason
given for the delay in filing the complaint.
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NC: 2026:KHC-K:11517
CRL.P No. 201431 of 2026
CNR: KAHC030106572026
9. The alleged offence is heinous offence
punishable with rigorous imprisonment of either
description for a term which shall not be less than
ten(10) years, but which may extend to imprisonment
for life, and same is exclusively triable by the learned
Sessions Judge. Considering the allegations made in the
complaint and the nature and gravity of the offences
alleged against the petitioner, the fact that the petitioner
has been in judicial custody from 03.08.2026 i.e., for
the period of more than 2½ months cannot be reason to
grant bail in his favour at this stage.
10. If the petitioner is granted bail at this stage,
there is chance of him tampering with prosecution
witnesses and hampering further investigation of the
case. The case alleged against the petitioner is based on
circumstantial evidence, apart from the averments made
in the complaint. There is no any special ground made
out by the petitioner to grant bail in his favour. At least
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HC-KAR
NC: 2026:KHC-K:11517
CRL.P No. 201431 of 2026
CNR: KAHC030106572026
till the completion of investigation and the filing of the
final report, it is not desirable to grant bail to the
petitioner. There is no any special reason to grant bail in
favour of the petitioner. Hence, the petitioner has failed
to make out any ground to grant bail in his favour.
Consequently, the petition is liable to be dismissed.
11. In the result, I proceed to pass the following:
ORDER
(a) The Criminal Petition is hereby dismissed.
(b) However, the petitioner is at liberty to move for
bail before the learned Sessions Judge after
completion of the investigation and filing of the
final report.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
RSP/List No.: 1 Sl No.: 13
CT: SB