Criminal Petition No. 335 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:3794 CRL.P No. 335 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 335 OF 2025 (439(Cr.PC) / BETWEEN: 483(BNSS)) RACHAPALLI DILEEPKUMAR REDDY @ DILEEP KUMAR (WRONGLY SHOWN AS RACCHAPLLI DILEEP KUMAR REDDY IN FIR) S/O RAJAPALLI SUBBAREDDY, AGED ABOUT 29 YEARS, R/AT MUNESHWARA EXTENSION, SHANTHINAGAR, TUMAKURU CITY-572 102. ALSO RESIDING AT: #52/75B, KOTTAPETE, RAMAPURAM, RAYACHOTI TOWN, ANNAMAYYA DISTRICT, ANDHRA PRADESH-516 269. Digitally signed by LAKSHMI T Location: High Court of Karnataka (BY SRI. VENKATA REDDY S.K., ADVOCATE) AND: …PETITIONER
Legal Reasoning
STATE OF KARNATAKA BY WOMEN POLICE STATION, TUMAKURU, TUMAKURU DIST.-572 103. REPT. BY SPL. PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU CITY-560 001.
Legal Reasoning
(BY SRI. HARISH GANAPATHY, HCGP) …RESPONDENT - 2 - NC: 2025:KHC:3794 CRL.P No. 335 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ORDER TO RELEASE THE PETITIONER ON BAIL, IN CR.NO.201/2024, FOR THE OFFENCES PUNISHALBE U/SEC. 64, 69, 74, 115(2), 351(2) OF ‘THE BHARATIYA NYAYA SANHITHA (BNS), 2023, ON THE FILE OF THE RESPONDENT POLICE/WOMEN POLICE STATION, TUMAKURU, WHICH IS NOW PENDING ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND J.M.F.C., TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by the petitioner praying to enlarge him on bail in Crime No.201/2024 of Tumakuru Women Police Station, registered for offences punishable under Section 64, 69, 74, 115(2), 351(2) of BNS, 2023. 2. Heard both sides and perused the material on record. 3. In the complaint lodged by the victim she has alleged that the petitioner with a false pretext of marriage committed sexual intercourse with her and later refused to marry saying that he has already seen a girl and her - 3 - NC: 2025:KHC:3794 CRL.P No. 335 of 2025 family members are ready to give him dowry of 25 lakhs. It is further alleged that when the victim insisted him to marry, petitioner threatened her saying that she will be killed and also assaulted her etc. 4. Learned High Court Government Pleader has contended that the allegations are serious in nature and investigation is still under progress and therefore, if the petitioner is enlarged on bail, he may try to derail the investigation and also threaten the victim and other prosecution witnesses. He has therefore sought to dismiss the petition. 5. A perusal of the complaint averments show that the victim while working as an outsourcing employee at SBI Bank, Kuvempunagar, Tumkuru, got acquainted with the petitioner who was also working in the same bank as an Associate. She has stated that for the last 1 ½ years they were in love with each other and she accompanied the petitioner to various places. It is alleged that on the pretext of marriage he took her to one Sri Sai Nilaya, the - 4 - NC: 2025:KHC:3794 CRL.P No. 335 of 2025 place where he was residing and committed sexual intercourse with her and thereafter on several occasions repeated the said act, however, refused to marry. 6. The complainant is aged about 26 years. As per complaint she was in love with the accused for the last 1 ½ years. The complaint averments would disclose that she accompanied the accused to various places and the place where he was residing. The allegations that the accused has committed sexual intercourse with a promise of marriage etc., is a matter which has to be established in due course. The prosecution has to establish that the consent if any given by the victim was under misconception of fact. 7. Learned counsel for petitioner has relied on a judgment of the Hon’ble Apex Court in Dr.Dhruvaram Mulidhar Sonar v. State of Maharashtra and others reported in (2019) 18 SCC 191, to contend that conscious decision of victim to be involved in sexual relationship with the accused without pressure or - 5 - NC: 2025:KHC:3794 CRL.P No. 335 of 2025 misconception on part of accused and relationship not involving passive submission of victim in such cases offence of rape is not made out. 8. In Deepak Gulati V. State of Haryana (2013) 7 SCC 675, it is held that, there must be material to show that at the initial stage itself, accused had no intention whatsoever, of keeping his promise to marry the victim. The Hon’ble Apex Court has observed in the above decision that there may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused and not solely on account of the misconception created by accused, or where an accused, on account of circumstances which he could not have foreseen or which were beyond his control, was unable to marry her despite having every intention to do so and such cases must be treated differently. 9. The prosecution has to establish that the accused had malafide intention and clandestine motives - 6 - NC: 2025:KHC:3794 CRL.P No. 335 of 2025 and with such an intention, he committed sexual intercourse with the victim. 10. Petitioner was arrested on 10.12.2024 and he is in judicial custody since then. He is not required for further interrogation. He has undertaken to furnish sufficient surety for his release to ensure his regular presence before the trial Court. Hence, by imposing conditions, petitioner can be released on bail. Accordingly, the following:
Decision
ORDER (i) Petition is allowed. (ii) Petitioner/accused in Crime No.201/2024 of Tumakuru Women Police Station, Tumakuru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the jurisdictional Court. - 7 - NC: 2025:KHC:3794 CRL.P No. 335 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 33 Ct:ra