PRASHANT S/O SHAYAMLING SIDDARADDI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18145
CRL.P No.102595 of 2026
CNR: KAHC020165572026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102595 OF 2026
(438(CR.PC)/482(BNSS)
BETWEEN:
PRASHANT S/O SHAYAMLING SIDDARADDI
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. YALPARATTI, TQ: RAIBAG,
DIST: BELAGAVI-591311.
… PETITIONER
(BY SRI. KIRANKUMAR CHATTIMATH, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY ITS HARUGERI POLICE STATION,
REPRESENTED BY
ITS HIGH COURT GOVERNMENT PLEADER,
DHARWAD-580007.
… RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF BNSS ACT,
R/W SECTION 438 OF CR.P.C., PRAYING TO GRANT ANTICIPATORY
BAIL IN FAVOUR OF THE PETITIONER/ACCUSED NO.2 IN CRIME
NO.190/2026, REGISTERED BY THE HARUGERI POLICE AND THE
CASE IS PENDING BEFORE ADDL. CIVIL JUDGE AND JMFC, RAIBAG
FOR THE OFFENCE PUNISHABLE UNDER SECTION 69, 308(1), 74,
115(2), 79, 351(2), 61, 318(4), 190 OF BNS ACT AND SECTION
66(E) , 67(A) OF IN THE ABOVE CASE.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
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CRL.P No.102595 of 2026
CNR: KAHC020165572026
ORAL ORDER
Heard Sri Kirankumar Chattimath, learned counsel for the
petitioner and Sri Jairam Siddi, learned High Court Government
Pleader for the respondent-State.
2. The p etitioner/accused No.2 has filed this petition
under Section 482 of BNSS, 2023 (Section 438 of CrPC)
seeking anticipatory bail in connection with Crime No.190/2026
of Harugeri Police Station, Belagavi District, registered for the
offences punishable under Sections 69, 308(1), 74, 115(2), 79,
351(2), 61, 318(4), 190 of BNS, 2023 and Section 66(E) and
67(A) of the Information Technology Act.
3. The brief facts of the prosecution case in nutshell
are as under:
On 08.05.2026, the defacto complainant lodged a
complaint alleging that since 10 years accused No.1 and the
victim were in love. Accused No.1 had physical relationship with
the victim on the assurance of marriage and accused No.1 also
took some videography and handed over to accused No.2. And
in turn, accused No.2 and 4 threatened the victim that they
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CRL.P No.102595 of 2026
CNR: KAHC020165572026
would upload her videograph in social media. Further, accused
No.2 also assaulted her with his hands and legs and with a
rope. Thus, she lodged the complaint. During the course of
investigation, accused No.1 was arrested and apprehending the
arrest at the hands of respondent-police, this petitioner
approached the learned Sessions Court to grant anticipatory
bail, who in turn rejected the bail petition. Hence, this petition.
4. Learned counsel for the petitioner vehemently
contended that the petitioner is falsely implicated in the case.
The principal accused i.e., accused No.1 and 3 to 5 are already
enlarged on bail. The only allegation against this petitioner is
that he took videograph and threatened the victim to upload in
the social media. Hence on the ground of parity also, the
petitioner is entitled for bail. The petitioner is ready to abide by
the conditions to be imposed by this Court. Hence, learned
counsel for petitioner prayed to allow the petition.
5. Per contra, learned HCGP vehemently contended
that there is direct allegation against the petitioner/accused
No.2 who assaulted the victim with his hands and legs. Under
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NC: 2026:KHC-D:18145
CRL.P No.102595 of 2026
CNR: KAHC020165572026
Section 183 statement also, she has made allegation against
this petitioner. Hence, the petitioner is not entitled for bail and
prayed to reject the petition.
6. Having heard learned counsel appearing for the
petitioner and learned HCGP appearing for the respondent/
State and on perusal of the material available on record, it is
evident that, in the complaint, an allegation has been made
that the petitioner also assaulted the victim with his hands and
legs and he threatened to upload her videography in a social
media platform.
7. The perusal of the statement of victim recorded
under Section 183 of BNSS, 2023, she has stated against the
present petitioner that he also assaulted her with his hands and
legs and made criminal intimidation. Having taken note of the
material on record and particularly, the submission of learned
HCGP that the entire allegation is against accused No.1 who
committed rape on the victim, has already been enlarged on
bail, the similar allegation is made against accused No.4 who is
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also enlarged on bail by the learned Sessions Judge in Criminal
Misc.No.870/2026 dated 17.06.2026.
8. Hence considering the nature of offence and gravity
of the offence and the fact that accused No.1 and 3 to 5 are
already enlarged on bail, the petitioner being accused No.2 also
entitled for bail.
9. It is well established principles of law that while
granting bail, the Court has to consider the nature of the
offence, circumstances in which the offence is committed,
position and status of the petitioner with reference to the victim
and witnesses, likelihood of fleeing away from justice, of
repeating same offences by the petitioner. The possibility of
tampering with the witnesses, character and antecedents of the
petitioner. Further, the law is well settled that while disposing
of the bail petition, the Court need not scan the prosecution
papers and hold mini trial.
10. Keeping all these factors in mind, when the Court
goes through the entire material placed on record, it can be
said that prima facie there are no reasonable and sufficient
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grounds to believe, at this stage, that the petitioner is guilty of
the offences alleged against him. Therefore, the petitioner is
entitled for bail.
11. Accordingly, the Court proceeds to pass the
following:
O R D E R
allowed
Criminal petition is . The respondent-Police
Station are directed to release the petitioner/accused No.2 on
bail in the event of his arrest in connection with Crime
No.190/2026 pending on the file of learned Addl. Civil Judge
and JMFC, Raibag, registered for the offences punishable under
Sections 69, 308(1), 74, 115(2), 79, 351(2), 61, 318(4), 190
of BNS, 2023 and Section 66(E) and 67(A) of the Information
Technology Act , subject to the following conditions:
i. The petitioner shall execute a personal bond in a
sum of Rs.1,00,000/- (Rupees one lakh only)
with a surety for the likesum to the satisfaction
of the Investigating Officer/Station House
Officer;
ii. The petitioner shall surrender himself before the
Investigating Officer/Station House Officer within
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fifteen days from the date of receipt of a
certified copy of this order;
iii. The petitioner shall appear before the
Jurisdictional Court on all date of hearing
without fail;
iv. The petitioner shall not tamper with the
prosecution witnesses directly or indirectly;
v. The petitioner shall mark his attendance before
Investigating Officer/Station House Officer on
the first Sunday of every month between 10.00
a.m. and 5.00 p.m. for a period of six months or
till filing of charge-sheet, whichever is earlier,
and
vi. The petitioner shall not indulge in any offences
in further.
If any of the above conditions are violated, the
prosecution is at liberty to move the Court for cancellation of
bail.
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
CLK/CT:GSM
LIST NO.: 1 SL NO.: 17