Karnataka High Court
Bellappa S/O Yallappa Madar @ Pujari vs The State Of Karnataka on 8 May, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:2634
CRL.P No. 200597 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF MAY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO.200597 OF 2025
(439(Cr.PC)/483(BNSS))
BETWEEN:
BELLAPPA S/O YALLAPPA MADAR @ PUJARI,
AGE: 26 YEARS, OCC: AGRICULTURE,
R/O JATTAGI TQ. MUDDEBIHAL,
DIST. VIJAYAPURA.
...PETITIONER
(BY SRI. GANESH NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally THROUGH MUDDEBIHAL POLICE STATION,
signed by DIST. VIJAYAPURA,
RENUKA
Location: REPRESENTED BY ADDL. SPP,
HIGH
COURT OF HIGH COURT OF KARNATAKA,
KARNATAKA KALABURAGI BENCH-585 103.
2. SMT. LAXMI W/O SANGANABASAPPA BUDIHAL,
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O JATTAGI, TQ. MUDDEBIHAL,
DIST. VIJAYAPURA-585 101.
...RESPONDENTS
(BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1;
R2-SERVED)
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NC: 2025:KHC-K:2634
CRL.P No. 200597 of 2025
THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C
(OLD), 483 OF BNSS (NEW), PRAYING TO ALLOW THE
PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.301/2024 OF 1st RESPONDENT/MUDDEBIHAL POLICE
STATION, VIJAYAPURA FOR THE OFFENCES PUNISHABLE
U/SEC. 64(2), 74, 115(2), 126(2), 351(2), 352 AND 329(4) OF
BNS, 2023 PENDING ON THE FILE OF THE CIVIL JUDGE AND
JMFC COURT MUDDEBIHAL IN C.C.NO.605/2025.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) The accused in Crime No.301/2024 registered by the Muddebihal Police Station, Dist: Vijayapura, for the offences punishable under Sections 65(2), 74, 115(2), 126(2), 351(2), 352 and 329(4) of BNS-2023, is before this Court under Section 483 of BNS-2023, seeking regular bail.
02. Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent -3- NC: 2025:KHC-K:2634 CRL.P No. 200597 of 2025 No.1 - State. The respondent No.2 who is served in this matter has remained unrepresented before this Court.
03. The FIR in Crime No.301/2024 was registered by the Muddebihal Police Station Dist: Vijayapura, against the petitioner herein initially for the offences punishable under Sections 115(2), 126(2), 74, 352, 351(2) and 329(4) of BNS-2023, on the basis of first information dated 08.12.2024 received from the respondent No.2 who is the mother of the victim girl aged 21 years. During the course of the investigation, the petitioner was arrested on 11.12.2024 and his bail application filed before the jurisdictional Sessions Court was rejected. Therefore, he had approached before this Court in Criminal Petition No.200062/2025 which was dismissed as not pressed with liberty to the petitioner to file a fresh petition before the jurisdictional Court after charge-sheet is filed. Subsequently, the petitioner had filed a Crl.Misc.No.429/2025 before the jurisdictional Special Court after the charge-sheet was filed and the said petition -4- NC: 2025:KHC-K:2634 CRL.P No. 200597 of 2025 was rejected on 27.03.2025. Therefore, the petitioner is before this Court.
04. Perusal the material on record would go to show that FIR in the present case was initially registered against the petitioner for the offences punishable under Sections 115(2), 126(2), 74, 352, 351(2) and 329(4) of BNS-2023.
05. The allegations in the first information against the petitioner is that the petitioner was pestering the eldest daughter of the first informant who is aged about 21 years to love him. Therefore, the petitioner was advised by the first informant and her family members. Inspite of the same, he had continued to follow the eldest daughter of the first informant who is the alleged victim in the present case. Therefore, the family members of the victim girl had sent her to reside in their relatives house. In this background, on 07.12.2024, the petitioner came to the house of the first informant and had allegedly abused them, for the reason that they had kept his lover away from him. In the first information it is also alleged that the -5- NC: 2025:KHC-K:2634 CRL.P No. 200597 of 2025 petitioner had misbehaved with the first informant and other inmates of the house and also abused and assaulted them.
06. During the course of the investigation of Crime No.301/2024, the petitioner was arrested on 11.12.2024. It appears that after the petitioner was arrested in the present case, the statement of the victim girl was recorded wherein she has allegedly made an allegation against the petitioner that he had sexual intercourse with her by threatening her and he had also clicked her obscene photos and was also threatening her stating that he will circulate the same in the social media. Allegation in the charge sheet is that the petitioner had sexual intercourse with the victim girl in the month of August 2023 and also in the month of November 2023. First information in the present case has been registered on 08.12.2024 and no such allegation is found in the first information and it is only on the basis of the subsequent statement made by the victim girl who is aged about 21 years, a charge sheet is now filed against the petitioner invoking offence -6- NC: 2025:KHC-K:2634 CRL.P No. 200597 of 2025 punishable under Section 64(2) of BNS 2023. Undisputedly, the petitioner aged about 26 years has no criminal antecedents and he is in custody from 11.12.2024. Considering the aforesaid aspects of the matter, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, following order is passed:
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.301/2024 of Muddebihal Police Station, Dist:
VIjayapura, registered for the offences punishable under Sections 65(2), 74, 115(2), 126(2), 351(2), 352 and 329(4) of BNS-2023, pending before the V Additional Sessions Judge, Vijayapura, sitting at Muddebihal, subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;-7-
NC: 2025:KHC-K:2634 CRL.P No. 200597 of 2025
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case registered against him is disposed off.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE KJJ,MSR List No.: 1 Sl No.: 21 CT: AK