YASHVANTA S/O SHANTAPPA BENGERI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18283
CRL.P No. 102575 of 2026
CNR: KAHC020179122026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102575 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
YASHVANTA S/O. SHANTAPPA BENGERI,
AGED ABOUT 40 YEARS,
R/AT HOSUR VILLAGE, SHIKARIPURA TALUK,
SHIVAMOGGA DISTRICT-577427.
…PETITIONER
(BY SRI SHARATH P. HANAMARADDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
ADUR POLICE STATION, HAVERI,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-580011.
2. SRI MOHAN S/O. SHIVAPPA BALAMBIDA,
AGED ABOUT 52 YEARS,
R/AT: MADIVALAR ONI, TILAVALI,
HANGAL TALUK, HAVERI DISTRICT-581104.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
…RESPONDENTS
(BY SRI JAIRAM SIDDI, HCGP FOR R1;
SRI R. H. ANGADI, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED U/S.439 IF CR.P.C. (U/S.
483 OF BNSS, 2023), PRAYING TO ALLOW THIS PETITION AND
DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON
BAIL UNDER SECTION 439 CR.P.C./483 OF B.N.S.S., IN
CONNECTION WITH S.C.NO.103 OF 2022 ON THE FILE OF THE FIRST
ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I HAVERI
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NC: 2026:KHC-D:18283
CRL.P No. 102575 of 2026
CNR: KAHC020179122026
REGISTERED BY ADUR POLICE HAVERI FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 341, 212, 376(2)(L), 376 (D), 34 OF
I.P.C.-1860, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard Sri.Sharath P.Hanamaraddi, learned counsel for the
petitioner, Sri.Jairam Siddi, learned High Court Government
Pleader for respondent No.1–State and Sri.R.H.Angadi, learned
counsel for respondent No.2.
2. This petition is filed by the petitioner/accused No.2
under Section 439 of the Code of Criminal Procedure, 1973
(“Crl.P.C.” for short) (Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (“BNSS” for short) seeking to enlarge
the petitioner on regular bail in S.C.No.103/2022, pending on
the file of learned First Additional District and Sessions Judge,
FTSC-I, Haveri arising out of Crime No.94/2022 of Adur Police
Station, District Haveri, registered for the offences punishable
under Sections 341, 212, 376 (2)(L), 376(D) read with Section
34 of Indian Penal Code, 1860 (“IPC” for short).
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CRL.P No. 102575 of 2026
CNR: KAHC020179122026
3. Brief facts of the case of the prosecution are as
under:
On 31.05.2022, at about 04:15 p.m., the victim, who is a
physically handicapped girl, was sitting in front of the house of
CW.23. At that time, accused Nos.1 and 2 took the victim girl
to the house of CW.23, where they confined her and repeatedly
committed rape on her, one after another, against her will.
Hence, the de facto complainant lodged the complaint. Based
on the complaint, the SHO of respondent - police registered the
case, after completion of the investigation, the Investigating
Officer filed the charge-sheet.
4. During the course of investigation, the
petitioner/accused No.2 was arrested and in turn, remanded to
judicial custody. Since then, he is in judicial custody. Hence,
this petition.
5. The learned counsel for the petitioner vehemently
contended that the petitioner is innocent of the offences
alleged, he has not committed any offence and has been falsely
implicated in the case. It is contended that the petitioner is
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CRL.P No. 102575 of 2026
CNR: KAHC020179122026
hails from a respectable family and has movable and
immovable properties in his locality. It is contended that the
investigation is completed and the Investigating Officer has
filed the charge sheet and more importantly, the victim has
already examined by the prosecution before the Trial Court. It
is contended that, there are omissions, improvements and
contradictions in the testimony of the victim when compared
with the statements of the victim recorded under Sections 161
of the Cr.P.C. and 183 of the BNSS, 2023. On these grounds,
the learned counsel for the petitioner prayed to allow the
petition.
6. In support of his contention, the counsel for
petitioner relied upon the judgment of the Hon’ble Apex Court
in the case of Prabhakar Tewari vs State of U.P. and
Another in Criminal Appeal No.152/2020 .
7. Per contra , the learned HCGP for respondent No.1-
State, Sri.R.H.Angadi, learned counsel for respondent No.2,
vehemently contended that the petitioner is involved in a
heinous offence punishable under Section 376 of the IPC and
that there is prima facie material against him. It is contended
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CRL.P No. 102575 of 2026
CNR: KAHC020179122026
that the victim has categorically stated against the petitioner in
her statement recorded under Section 183 of the BNSS, 2023
and the medical report also corroborates her testimony. It is
contended that if the petitioner is released on bail, he may
tamper with the prosecution witnesses and hamper the trial.
Considering the nature and gravity of the offence, the
petitioner is not entitled to be enlarged on bail. Hence, the
learned HCGP and learned counsel for respondent No.2 prayed
for rejection of the petition.
8. Perused the entire material available on record.
9. On perusal of the entire material available on
record, it is evident that the accused persons had forcible
sexual intercourse with the victim and committed rape on her,
one after another, knowing fully well that the victim was a
physically challenged girl aged about 18 years and 2 months as
on the date of the incident.
10. The statement of the victim recorded under Section
183 of BNS, 2023, it clearly demonstrated that she has
categorically stated the act of the petitioner and how he
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committed such act against her. The Medical Report also
discloses that hymen is ruptured, and as per the opinion of the
Doctor, there is an evidence of recent sexual intercourse.
Hence, there is prima facie material against the petitioner and
the victim has categorically stated the act of the petitioner
before the court while recording her evidence.
11. The judgment relied upon by the learned counsel
for the petitioner cited supra, is not applicable to the facts of
the present case.
12. On perusal of the entire prosecution papers and
considering the fact that the petitioner is involved in heinous
offence, and the nature of allegations made against the
petitioner, the specific overt act attributed to him, the gravity
of the offence, chances of petitioner absconding or fleeing away
from justice, if released on bail. At this juncture, the petitioner
is not entitled for bail
13. Accordingly, the Court proceeds to pass the
following :
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CRL.P No. 102575 of 2026
CNR: KAHC020179122026
ORDER
The petition filed under Section 483 of BNSS, 2023 is
hereby dismissed .
The observations made herein are only for the purpose of
disposal of this criminal petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
Para 1 to 9-AM/-
Para 10 to end -MBS
CT-AN
List No.: 1 Sl No.: 11