AKASH vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11599
CRL.P No. 201290 of 2026
CNR: KAHC030100102026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.201290 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
SRI. AKASH S/O BABU ASANGI,
AGE:20 YEARS, OCC:DRIVER,
R/O. TAJPUR (H), NOW AT NAVARASPUR,
NGO COLONY, NEAR AI AMEEN ATHANI ROAD,
DIST. VIJAYAPUR.
…PETITIONER
(BY SRI. S.S. MAMADAPUR, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH,
PSI RURAL POLICE STATION, VIJAYPUR
REP. BY ITS STATE PUBLIC PROSECUTOR,
ADVOCATE GENERAL OFFICE,
HIGH COURT BUILDING, 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 BNSS 2023, PRAYING TO, ENLARGE HIM ON REGULAR BAIL
IN CRIME NO.389/2026 OF VIJAYPUR RURAL POLICE STATION,
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTION 69, 351(2), 118(1) OF THE BNS 2023 PENDING ON
THE FILE OF THE HON’BLE IV ADDL. CIVIL JUDGE AND JMFC,
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VIJAYPUR ON SUCH TERMS AND CONDITIONS AS THIS
HON’BLE COURT DEEMS FIT TO IMPOSE UPON HIM IN THE
INTEREST OF JUSTICE AND EQUITY.
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 HCGP for the respondent/ State on the
petition. Perused the relevant materials on record.
2. This petition is filed by the petitioner/
accused under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘ BNSS ’), to enlarge
him on bail in the case in Crime No.389/2026 of the
respondent Police for the offences punishable under
Sections 69, 351(2) and 118(1) of Bharatiya Nyaya
Sanhita (for short ‘BNS’), pending on the file of learned
IV Additional Civil Judge and JMFC, Vijayapur.
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3. The learned HCGP has furnished report of the
Investigating Officer along with some documents
regarding the investigation done in the case and orally
objected to the petition submitting that there is prima
facie case against the petitioner for the offence
punishable under Section 69 of BNS, which is heinous
offence. At this stage, if the petitioner is released on
bail, there is chance of him absconding and also
tampering with prosecution witnesses and hampering
further investigation and trial of the case. There is no
special ground made out by the petitioner for his release
on bail. Therefore, the learned HCGP has sought for
dismissal of the petition.
4. The prosecution was set into motion against
the petitioner on the complaint of the victim. The case
alleged against the petitioner is that the victim got
acquainted with the petitioner during the year 2024 and
the petitioner expressed his willingness to love the
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victim and it was rejected by her. Thereafter, the
petitioner once again called the victim over phone after
six months and forced her to love him to which the
victim agreed. Thereafter they were having telephonic
conversation. During November 2025, on the invitation
of the petitioner, the victim went to his house and the
petitioner was alone in his house. After brief
conversation, the petitioner forcibly had sexual
intercourse with the victim. However, the victim did not
disclose the said fact to anybody as the petitioner used
to say that he would marry her. The victim used to have
telephonic conversation with the petitioner.
Subsequently, the petitioner used to have sexual
intercourse with the victim on three to four occasions
and he demanded money. When the victim expressed
her inability to pay the money, the petitioner threatened
the victim that he would post intimate pictures and
videos on social media.
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5. When the matter stood thus, on 03.08.2026,
the petitioner secured the victim to his home and had
sexual intercourse with her and demanded her for
money. When the victim failed to fulfil his demand, the
petitioner refused to marry her and assaulted the victim
with belt and also caused injury over her leg with
heated metal ladle/ spoon. Hence, the victim was
constrained to file complaint against the petitioner.
Thus, the petitioner has committed the alleged offences.
6. The submission of the learned counsel for the
petitioner is that he is innocent of the offences alleged
against him and he has not committed any such
offence. However, the learned counsel for the petitioner
has produced certified copy of the charge sheet along
with the connected papers in the case. This would show
that during the pendency of the petition, the
investigation is already over and the charge sheet is filed
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against the petitioner for the offences punishable under
Sections 118(1), 351(2) and 69 of BNS.
7. Moreover, the learned HCGP has produced
copy of the statement of the victim given before the
learned Magistrate under Section 183(5) of BNS during
the investigation, which would clearly show that there is
prima facie case against the petitioner for the alleged
offences. Hence, at this stage, the contention of
petitioner that he has not committed any of the offences
alleged and that he is innocent of the alleged offences
does not merit consideration.
8. However, as pointed out by the learned
counsel for the petitioner, even after the investigation of
the case, there is no material forthcoming from the
respondent Police to show that the petitioner took any
personal intimate photos or videos of the victim and
thereby he threatened the victim. Further, the
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complaint averment itself shows that at the initial
stage, there was no promise made by the petitioner
that earlier to having sexual intercourse with the
victim, he promised the victim that he would marry the
victim.
9. Moreover, the petitioner is aged about 21
years. Earlier to filing of the complaint, there is sexual
intercourse between the petitioner and the victim on
several occasions. Therefore, at this stage, there is no
reason to believe that there is prima facie case against
the petitioner for the offence under Section 69 of BNS.
But any such observations cannot have any affect on
the merits of the case, as it should be considered during
trial of the case.
10. However, even if it is accepted for the sake of
argument that there is prima facie case against the
petitioner for the alleged offence, the said offence is not
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punishable with death or imprisonment for life. The
maximum punishment for the alleged offence is
imprisonment for a term which may extend to ten years.
It is true that the alleged offence is exclusively triable by
the learned Sessions Judge. But it cannot be a ground
to deny bail to the petitioner at this stage.
11. There is no material forthcoming from the
respondent Police to show any antecedents of the
petitioner that he committed similar offences or any
offence earlier. If the contents of the charge sheet are
taken into consideration, there is absolutely no reason
to deny bail to the petitioner.
12. The petitioner is resident of Navaraspur,
Vijayapur District, within the jurisdiction of the Court of
learned Magistrate and also of the trial Court/ Sessions
Court. At this stage, there is absolutely no reason to
disbelieve the contentions of petitioner put forth in the
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petition. There is no serious or special ground
made out by the respondent Police to deny bail to the
petitioner.
13. Further, the materials on record would show
that the petitioner was arrested on 21.08.2026 and
since then he has been in judicial custody for a period
of more than two months as on this day. It is well
settled that bail is rule and jail is an exception. The
accused cannot be allowed to remain in judicial custody
during pretrial stage as punishment for the alleged
offence.
14. The investigation is already over and charge
sheet is filed by the respondent Police against the
petitioner and hence, the custodial interrogation of the
petitioner is not at all necessary in the case on hand.
Moreover, the fact that the respondent police sought for
remanding the petitioner to judicial custody immediately
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after his arrest would show that even during the
investigation, the custodial interrogation of the
petitioner was not at all necessary.
15. Learned counsel for the petitioner has drawn
the attention of this Court to the order dated
01.09.2026 of this Court in Crl.P.No.201122 of 2026,
wherein this Court has granted anticipatory bail to the
concerned accused in the similar case. Further, the
learned counsel for the petitioner has also drawn the
attention of this Court to the order dated 01.10.2026 of
the coordinate Bench of this Court in Crl.P.No.13027 of
2026, wherein it is held as under:
8. From a reading of the aforesaid, it is apparent
that victim girl knew that petitioner was in a
relationship with another girl and subsequently,
he had approached her and had sexual
intercourse with her. The alleged promise to
marry victim girl is after the act of sexual
intercourse committed by him. For the purpose of
attracting the offence punishable under Section
69 of BNS, 2023, a person should have sexual
intercourse with a woman by deceitful means or
by making promise to marry a woman without
intention of fulfilling the same, not amounting to
the offence of rape.
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9. In the statement made by the victim girl under
Section 183 of BNS, 2023, she has clearly stated
that prior to the petitioner making the promise to
marry her, he had sexual intercourse. Material on
record would go to show that even thereafter,
petitioner and the victim girl had sexual
intercourse on couple of occasions. Investigation
of the case is completed and charge sheeted is
filed. The maximum punishment for the alleged
offence is imprisonment for a period of ten years.
Undisputedly, petitioner has no other criminal
antecedents. Xxxx”
16. In view of the aforesaid decisions of this Court
wherein in similar cases, the coordinate Bench of this
Court has granted regular bail to the concerned accused
in the case for the similar offence punishable under
Section 69 of BNS. Therefore, on the facts and
circumstances of the case, this Court is of the
considered opinion that the petitioner is entitled for
regular bail as sought for in the petition.
17. Any of the apprehensions of the learned
HCGP can be suitably met with by imposing proper and
necessary conditions on the petitioner while granting
him bail making him to assist the trial Court in trial of
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the case. Mere fact that the offence alleged against the
petitioner is heinous offence cannot be a ground to deny
bail to the petitioner considering the prosecution
materials on record. At this stage, there is absolutely
no reason to deny bail to the petitioner. Hence, the
petitioner has made out sufficient grounds for granting
bail in his favour and consequently, the petition
deserves to be allowed.
18. In the result, I proceed to pass the following:
ORDER
allowed
i) The petition is hereby .
ii) Consequently, the petitioner/
accused shall be enlarged on bail in the
case in Crime No.389/2026 of the
respondent police for the offences
punishable under Sections 69, 351(2) and
118(1) of BNS pending on the file of
learned IV Additional Civil Judge and
JMFC, Vijayapur, on his executing
personal bond for Rs.2,00,000/- with two
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sureties for the like sum to the
satisfaction of the learned Magistrate or
the trial Court/ Sessions Court as the
case may be, subject to the following
conditions that:
a) The petitioner shall appear before
the learned Magistrate and also
before the trial Court/ Sessions
Court as and when directed.
b) The petitioner shall appear before
the Investigating Officer as and
when directed and he shall assist
the Investigating Officer in further
investigation of the case, if any
c) He shall not tamper with
prosecution witnesses and shall
not hamper further investigation of
the case, if any and also trial of the
case in any manner.
d) He shall not commit any similar
offences or any offence during the
pendency of case.
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If the petitioner violates any of the conditions of
bail, the de facto complainant or the respondent Police
is at liberty to move the trial Court for cancellation of
bail.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
MBB
List No.: 1 Sl No.: 8