BALAPPA vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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CNR: KAHC030103992026




IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH


TH
DATED THIS THE 30 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

CRIMINAL PETITION NO.201303 OF 2026

(439(Cr.PC)/483(BNSS))

BETWEEN:

BALAPPA
S/O BASAPPA BASARAKOD @ MADAR,
AGE:40 YEARS, OCC:COOLIE,
R/O. MADIKESHWAR, TQ. MUDDEBIHAL,
DIST. VIJAYAPURA-586 101.
…PETITIONER
(BY SRI GOPALKRISHNA B. YADAV, ADVOCATE)







AND:


THE STATE OF KARNATAKA,
THROUGH TALIKOTI POLICE STATION,
DIST. VIJAYAPURA-586 101.
R/BY ADDL. SPP
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 107.
…RESPONDENT
(BY SRI SIDDALING P. PATIL, ADDL. SPP)



Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA


THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS-2023, PRAYING TO, ALLOW THE PETITION, THEREBY
ENLARGE THE PETITIONER/ ACCUSED NO.1, ON BAIL IN
CRIME NO188/2026 REGISTERED BY TALIKOTI POLICE
STATION, DISTRICT VIJAYAPURA, FOR THE OFFENCES
PUNISHABLE U/SECS.126(2), 115(2), 64(1), 352, 351(2) AND 79

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READ WITH SECTION 3(5) OF BNS-2023 AS PER FIR, PENDING
ON THE FILE OF THE CIVIL JUDGE AND JMFC MUDDEBIHAL,
DISTRICT VIJAYAPURA.
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/ State on the
petition. Perused the relevant materials on record.

2. This petition is filed by the petitioner/
accused No.1 under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘ BNSS ’), praying to
grant bail in his favour in the case in Crime
No.188/2026 of the respondent Police for the offences
punishable under Sections 126(2), 115(2), 64(1), 352,
351(2) and 79 read with Section 3(5) of Bharatiya Nyaya
Sanhita (for short ‘BNS’), pending before the learned
Civil Judge and JMFC, Muddebihal, District Vijayapura.

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3. The learned Addl. SPP has orally objected to
the petition submitting that there is prima facie case
against the petitioner for the offences punishable under
Sections 40, 64(1) of BNS along with other offences.
The said offence is heinous offence punishable with
imprisonment for life and shall not be less than 10
years. The investigation is already over and the charge
sheet is filed and hence, at this stage any of the
contentions of the petitioner that he is innocent of the
offence does not merit consideration. Therefore, the
learned Addl. SPP has sought for dismissal of the
petition.

4. The case alleged against the petitioner is that
on 15.07.2026 at about 04.30 p.m., in the sugarcane
field in Madikeshwar, when the complainant was
working, the petitioner came from behind and embraced
her. When the complainant shouted he bit her lips and
bent her head and pushed her down and dragged her

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into the sugarcane field and raped her and thereby 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. There is consensual sexual
intercourse between the petitioner and the complainant.
Only for the reason that other persons came to know
about the incident, the complainant gave false
complaint against the petitioner for the alleged offence.

6. Per contra , as submitted by the learned Addl.
SPP, the investigation is already over and the charge
sheet is filed against the petitioner for the offences
punishable under Section 126(2), 115(2), 117(2), 64(1),
352, 351(2) and 79 read with Section 3(5) of BNS.
Hence, at this stage, any of the contention of the

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petitioner that he innocent of the offences alleged
against him does not merit consideration.

7. As submitted by the learned Addl. SPP, the
wound certificate of the victim/ complainant clearly
shows that she suffered injuries in the alleged incident.
Moreover, the concerned medical papers would show
that there was sexual intercourse by the petitioner on
the complainant/ victim.

8. Moreover, as the charge sheet is filed and the
case is registered against the petitioner and another
person, this Court cannot conduct mini trial of the case
regarding merit of the case. As submitted by the
learned counsel for the petitioner, after 2 days of the
alleged incident, the brother of the petitioner, who is the
accused No.2 in the present case, gave complaint
against the victim and others and the case was
registered against the accused persons as per Crime

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No.190/2026 for the offences punishable under
Sections 189(2), 191(2), 191(3), 127(2), 115(2), 118(1),
74, 352, 351(2), 351(3) and 79 read with Section 190 of
BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST
(PoA) Act. This would show that 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. The allegations made against the petitioner and
the gravity of the offence alleged would clearly show that
the petitioner is not entitled to bail at this stage.

9. It is well settled that the bail is rule and jail is
an exception. It is also well settled that the accused
should not be allowed to remain in judicial custody at
pre-trial stage as punishment for the alleged offence.
However, every case should be considered on the basis
of the facts of each case. As pointed out by the learned

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Addl. SPP, the statement of the victim given before the
learned Magistrate during investigation would clearly
makes out sufficient material against the petitioner for
the alleged offence.

10. There is absolutely no any special ground
made out by the petitioner to grant bail in his favour.
At least, till the examination of the complainant in the
case, it is not desirable to grant bail in favour of the
petitioner. Therefore, the petitioner has failed to make
out any ground to grant bail in his favour and
consequently, the petition is liable to be dismissed.

11. In the result, I proceed to pass the following:
ORDER
i) The petition is hereby dismissed.
ii) However, the petitioner is at liberty
to move the trial Court for bail after

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examination of the complainant, CW4
and CW5, if so advised.


Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE

SBS
List No.: 1 Sl No.: 6