UMESH S/O SHEKARAPPA ALIAS SHEKAPPA KALLUR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16775
CRL.P No. 101594 of 2026
CNR: KAHC020116162026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 101594 OF 2026
(439(CR.PC)/483(BNSS)
BETWEEN:
1. UMESH S/O. SHEKARAPPA @ SHEKAPPA KALLUR
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O. HULIGI VILLAGE,
TQ. AND DIST: KOPPAL-583231.
… PETITIONER
(BY SRI. SAJID AHMED GOODWALA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH MUNIRABAD POLICE STATION
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BENCH
AT: DHARWAD-08.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
2. SHOBHA W/O. HALAPPA MUTTAL,
AGE: 40 YEARS, OCC: HOUSEWIFE,
R/O. HULUGI VILLAGE, KOPPAL,
DIST: KOPPAL.
… RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1,
R2 SERVED)
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS,
2023, U/S 439 OF CR.P.C., PRAYING TO ALLOW THE PETITION AND
THE PETITIONER/ACCUSED MAY KINDLY BE ENLARGED ON BAIL IN
S.C. NO. 10/2026 ON THE FILE OF PRL. DISTRICT AND SESSIONS
JUDGE, KOPPAL IN CONNECTION WITH MUNIRABAD POLICE
STATION IN CRIME NO. 294/2025 FOR OFFENCES PUNISHABLE
U/SEC. 64(2)(K), 75(2) AND 351(2) OF BNS, WITH RESPECT TO THE
PETITIONER/ACCUSED.
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HC-KAR
NC: 2026:KHC-D:16775
CRL.P No. 101594 of 2026
CNR: KAHC020116162026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard Sri. Sajid Ahmed Goodwala, learned counsel for
the petitioner and Sri. Jairam Siddi, learned HCGP for the
respondent – State.
2. The petitioner/accused has filed this petition
under Section 483 of Bharatiya Nagarik Suraksha Sanhita,
2023 (Section 439 of Cr.P.C.) seeking to enlarge him on
regular bail in S.C. No.10/2026, in connection with crime
No.294/2025 of Munirabad Police Station, registered for
the offences punishable under Sections 64(2)(k), 75(2)
and 351(2) of Bharatiya Nyaya Sanhita, 2023, pending on
the file of the Principal District and Sessions Judge,
Koppal.
3. The brief facts of the prosecution case in
nutshell are as under:
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HC-KAR
NC: 2026:KHC-D:16775
CRL.P No. 101594 of 2026
CNR: KAHC020116162026
On 01.12.2025, the defacto complainant lodged the
complaint to the respondent police alleging that the victim
is her daughter. She is mentally retarded, and after the
death of her parents, she was taken care of by her elder
sister, i.e., defacto complainant, and they are residing at
Huligi village of Koppal District. The defacto complainant
along with her husband and the children went to Rajasthan
in order to attend a wedding ceremony of the relative of
their friend. Hence, the defacto complainant had entrusted
his mentally retarded sister (victim) to her relatives
namely, Shivappa and his wife Netravathi. On 29.11.2025
the defacto complainant and her husband returned from
Rajasthan and she was informed by Netravathi that on
22.11.2025 at about 03:00 p.m. when Netravathi and the
victim were sleeping in their house, the petitioner/accused
entered the house and committed aggravated sexual
assault on the victim. Hence, the defacto complainant
lodged a complaint, which led to the registration of an FIR
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NC: 2026:KHC-D:16775
CRL.P No. 101594 of 2026
CNR: KAHC020116162026
and initiation of investigation. During the course of
investigation, the petitioner was arrested and in turn he
was remanded to judicial custody. Hence, this petition.
4. The learned counsel for the petitioner/accused
vehemently contended that the petitioner is innocent. He
has not committed any offence as alleged by the
prosecution and he has been falsely implicated in the case.
There is no material against the petitioner, as the DNA
report is negative and as per the RFSL report, no seminal
stains are detected. Now, the investigation is completed,
and the Investigating Officer has already filed a charge-
sheet against the accused, and there is no necessity of the
petitioner to continue in judicial custody. The petitioner is
ready to abide by the conditions to be imposed by this
Court. Hence, learned counsel for the petitioner prays to
allow the petition.
5. Per contra , learned HCGP would contend that
there is prima-facie material against the petitioner. The
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CRL.P No. 101594 of 2026
CNR: KAHC020116162026
victim is mentally retarded and the defacto complainant
has categorically stated against the accused and narrated
the manner of aggravated and penetrative sexual assault
made on the victim. The medical report clearly indicates
that the hymen is ruptured. The victim is major aged
about 33 years, and the DNA report is not a conclusive
proof. If the accused is released on bail, he would tamper
with the prosecution witnesses and hamper the
investigation. Hence, learned HCGP prays to dismiss the
bail petition.
6. On perusal of the material available on record,
it reveals that the victim was a major at the time of
commission of the offence. As per the charge sheet
material, the petitioner/accused entered the house of one
Netravathi and committed rape of the victim. On perusal
of the medical record, it reveals that the hymen of the
victim girl is ruptured.
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NC: 2026:KHC-D:16775
CRL.P No. 101594 of 2026
CNR: KAHC020116162026
7. On perusal of the DNA report, it clearly
demonstrates that DNA report is not a conclusive proof,
and as per the RFSL report, no seminal stance are
detected. The petitioner is in judicial custody from the date
of arrest. The trial in the matter may take a considerable
amount of time. The petitioner is a permanent resident of
the address mentioned in the cause title of the petition
and he is ready and willing to abide by the conditions to be
imposed by this Court. Under these circumstances, the
petitioner is entitled for regular bail. Accordingly, the court
proceed to pass the following:
ORDER
allowed
The criminal petition is .
The petitioner-accused is ordered to be enlarged on
bail in S.C. No.10/2026, in connection with crime
No.294/2025 of Munirabad Police Station, for the offences
punishable under Sections 64(2)(k), 75(2) and 351(2) of
Bharatiya Nyaya Sanhita, 2023, pending on the file of the
Principal District and Sessions Judge, Koppal, on he
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CRL.P No. 101594 of 2026
CNR: KAHC020116162026
executing personal bond in a sum of Rs.2,00,000/- with
two sureties for the like sum to the satisfaction of the trial
court, subject to the following conditions:
(i) The petitioner shall not threaten or tamper
the prosecution witnesses either directly or
indirectly.
(ii) The petitioner shall attend the trial Court
regularly as and when required.
(iii) The petitioner shall not involve in the
similar or any other offences.
Violation of any one of the conditions, would entitle
the prosecution to seek for cancellation of the bail.
The observations made in the petition is only for
disposal of the petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
MBS
CT:GSM
LIST NO.: 1 SL NO.: 25