Karnataka High Court
Suresh Alias Banada Suresha vs Smt Gouramma W/O. Late Ravikumara on 5 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.A No. 100441 of 2025
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HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100441 OF 2025
C/W
CRIMINAL APPEAL NO. 100373 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
IN CRL.A. NO.100441 OF 2025:
BETWEEN:
SURESH @ BANADA SURESHA
S/O. NARASIMMAPPA,
AGED ABOUT 32 YEARS,
OCC: AGRICULTURE,
R/O: ARASIKERE VILLAGE,
HARAPANAHALLI TALUK,
DIST: VIJAYANAGARA-583 131.
... APPELLANT
(BY SRI. SRINIVAS NAIK, ADVOCATE)
AND:
1. SMT. GOURAMMA W/O. LATE RAVIKUMARA,
AGED ABOUT 28 YEARS, OCC: LABOUR,
RAKESH
S R/O: JARAKATTE VILLAGE,
HARIHAR TQ: AND DIST: DAVANAGERE,
Digitally signed by PRESENTLY R/O: LOKURU VILLAGE,
RAKESH S HARIHAR
Location:
HIGHCOURT OF
DIST: BELAGAVI-590 001.
KARNATAKA
DHARWAD BENCH
DHARWAD
2. STATE OF KARNATAKA,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
THROUGH ARASIKERE POLICE STATION,
HARAPANALLI CIRCLE,
DIST: VIJAYANAGARA-580 011.
... RESPONDENTS
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE FOR R1;
SMT. KIRTILATA R. PATIL, HCGP FOR R2)
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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 (A) (2)
OF SC AND ST ACT, PRAYING TO SET ASIDE THE ORDER DATED
26.05.2025 PASSED BY THE ADDL. DISTRICT AND SESSIONS
JUDGE, FTSC-1, BALLARI, IN SPECIAL CASE NO.659/2025 (CRIME
NO.37/2025 OF ARASIKERE POLICE STATION) FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 115(2), 351(2), 352, 70(1), 75(2)
R/W 3(5) OF BNS 2023, AND UNDER SECTIONS 3(1)(R)(W)(I),
3(2)(VA), 3(2)(V), REJECTING THE BAIL APPLICATION FILED BY THE
APPELLANT UNDER 483 OF BNSS AND CONSEQUENTLY, ALLOW THE
APPEAL AND ENLARGE THE APPELLANT ON REGULAR BAIL IN SPL.
CASE NO.659/2025 CRIME NO.37/2025 OF ARASIKERE POLICE
STATION, ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE,
FTSC-1, BALLARI, FOR THE OFFENCES UNDER SECTIONS 3(5),
75(2), 70(1), 352, 351(2), 115(2) OF BNS 2023 AND UNDER
SECTIONS 3(1)(R) (W)(I), 3(2)(VA) 3(2)(V) OF THE SC AND ST
(PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015.
IN CRL.A. NO.100373 OF 2025:
BETWEEN:
SRI. PRAKASH @ M. PRAKASH
S/O BASAVARAJAPPA,
AGE: 25 YEARS, OCC: AGRICULTURIST,
R/O: ALABURU VILLAGE,
TQ: KOTTUR, DIST: VIJAYNAGARA,
PIN CODE-583 220.
... APPELLANT
(BY SRI. BASAVANA GOUD T., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ARASIKERE POLICE,
ARASIKERE VILLAGE,
TQ: HARAPANALLI,
DIST: VIJAYANAGARA,
PIN CODE-583 131.
2. SMT. GOURAMMA W/O. LATE RAVIKUMAR,
AGE: 28 YEARS, OCC: HOUSE WIFE,
JARAKATTE VILLAGE,
TQ: AND DIST: DAVANAGERE.
... RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI. PRASHANT S. KADADEVAR, ADVOCATE FOR R2)
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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2)
OF SC AND ST ACT, PRAYING TO GRANT A REGULAR BAIL TO THE
APPELLANT/ACCUSED NO.1 IN SPL. CASE NO.659/2025, (CRIME
NO.37/2025), PENDING ON THE FILE OF THE I ADDL. DISTRICT
AND SESSIONS JUDGE CUM FTSC-1, AT BALLARI, REGISTERED BY
RESPONDENT NO.1 ARASIKERE POLICE, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 3(5), 75(2), 70(1), 352, 351(2),
115(2) OF BHARATIYA NYAYA SANHITA (BNS) 2023, R/W SECTIONS
3(1)(R),(W)(I), 3(2)(VA), 3(2)(V) OF SC/ST (PREVENTION OF
ATROCITIES)ACT, 1989, WHICH WOULD MEET THE ENDS OF
JUSTICE.
THESE APPEALS ARE COMING ON FOR ORDERS THIS DAY,
JUDGMENT IS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON’BLE MR JUSTICE S.VISHWAJITH SHETTY)
1. Accused Nos.1 and 3 in Spl.Case No.659/2025
pending before the Court of Additional District and
Sessions Judge, FTSC-I, Ballari, arising out of Crime
No.37/2025 registered by Arasikere Police Station,
Vijayanagara for the offences punishable under Sections
70(1), 75(2), 115(2), 351(2), 352 read with Section 3(5)
of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) and
Sections 3(1)(w)(i), 3(2)(va), 3(1)(r) and 3(2)(v) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015 are before this Court in
these two appeals filed under Section 14A(2) of the
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Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015 seeking regular bail.
2. Heard learned counsel for the parties.
3. FIR in Crime No.37/2025 was registered by
Arasikere Police Station, Vijayanagar initially for the
offences punishable under Sections 115(2), 351(2), 352,
75(2) read with Section 3(5) of BNS 2023 against the
driver, conductor of the private bus and another person.
During the course of investigation, accused Nos.1 and 3
were arrested on 02.04.2025 and subsequently remanded
to judicial custody. After completing investigation, charge
sheet has been filed against accused for the aforesaid
offences. Bail application filed by appellants before the
trial Court in Spl.Case No.659/2025 was rejected.
Therefore, they are before this Court in these two appeals.
4. Learned counsel who is appearing on behalf of
the appellants having reiterated the grounds urged in the
appeal memorandum submits that absolutely no
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allegations are made in the first information which would
attract the offence punishable under Section 70 of the BNS
2023. Even the medical records of the victim lady do not
support the allegation now found in the charge sheet. The
appellants who have no other criminal antecedents are in
custody for the last more than 3 months. Investigation in
the case is already completed. Accordingly, prays to allow
the appeals.
5. Per contra, learned HCGP and the learned
counsel appearing for respondent No.2 have strongly
opposed the prayer in the appeals and submit that though
in the first information, there is no allegation of any kind
of sexual assault made on the victim lady, in her further
statement she has made such allegation which would
attract offence under Section 70 of the BNS 2023.
Appellants have committed heinous offence and in the
event they are enlarged on bail, they may tamper with the
prosecution witness. Accordingly, they pray to dismiss the
appeals.
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6. In respect of the alleged incident that had taken
place on 31.03.2025, the first information was submitted
by the victim lady, aged about 28 years, on 01.04.2025.
In the typed first information, which was filed by the
victim lady on 01.04.2025, she has stated that her
husband has died about 4 years earlier and on
31.03.2025, after visiting the temple, along with her
children, she was returning to her village in a bus and
there were about 8 to 10 passengers in the said bus. After
the aforesaid passengers got down from the bus, driver,
conductor and another person who was present in the bus
allegedly misbehaved with her and when she resisted their
act, they criminally intimidated her. At that time, her
children started shouting and hearing the same, public
came to the spot. Thereafter aforesaid 3 persons ran away
from the bus. She has stated that in the said incident, she
had not suffered any injury and therefore, her medical
examination is not necessary. It is under these
circumstances, based on the first information submitted by
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the victim lady, FIR was initially registered against 3
persons, only for the offences under Sections 115(2),
351(2), 352, 75(2) read with Section 3(5) of the BNS
2023.
7. During the course of investigation, further
statement of the victim lady was recorded on 02.04.2025
in which she has stated that after the passengers had got
down from the bus in which she was traveling the driver,
conductor and another person who were present in the
bus, allegedly had pulled the clothes which she was
wearing and when they were committing forcible sexual
intercourse with her, some of the villagers came to the
spot and at that time, said persons escaped from the spot.
Victim lady was medically examined on 02.04.2025.
However, the doctor who has medically examined the
victim lady has opined that the victim lady had not
suffered any kind of injury on any part of her body. The
doctor also stated that no injuries were found even in
private parts of the victim lady. The doctor has further
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opined that there are no signs of recent sexual
intercourse.
8. Before the doctor, the victim lady has stated
that all the aforesaid 3 persons had committed forcible
sexual intercourse with her one after another, but the
doctor who had medically examined the victim, has opined
that there are no signs suggestive of recent sexual
intercourse. It is also necessary to take into consideration
that in the typed first information, which was submitted by
the victim lady on 01.04.2025, she has not made any
allegation against the accused about committing forcible
sexual intercourse with her. In the typed first information,
it is categorically stated that she had not sustained any
injury and therefore her medical examination is not
required. Investigation of the case is completed and
charge sheet has been filed. Appellants who have no
criminal antecedents are in custody for the last more than
3 months.
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9. There is no such averment in the first
information that the alleged act was committed by the
accused knowing well that the victim lady belong to
Scheduled Caste or Scheduled Tribe category.
Undisputedly, the accused and the victim lady were
strangers to each other. Even in her further statement no
such averment is made which would prima facie attract
offences punishable under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Amendment
Act, 2015. Under the circumstances, I am of the opinion
that the prayer made by the accused Nos.1 and 3 for grant
of regular bail need to be answered in the affirmative.
Accordingly, the following:
ORDER
i. Criminal Appeals are allowed.
ii. The order dated 21.05.2025 and the order
dated 26.05.2025 insofar as it relates to
rejection of the bail application filed by the
accused Nos.1 and 3 in Spl.Case
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No.659/2025 pending before the Court of
Additional District and Sessions Judge, FTSC-
I, Ballari, arising out of Crime No.37/2025
registered by Arasikere Police Station,
Vijayanagara for the offences punishable
under Sections 70(1), 75(2), 115(2), 351(2),
352 read with Section 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Sections
3(1)(w)(i), 3(2)(va), 3(1)(r) and 3(2)(v) of
the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Amendment Act,
2015, is set aside and the accused Nos.1 and
3 are directed to be enlarged on bail, subject
to the following conditions:
a. The appellants shall execute personal
bond for a sum of Rs.1,00,000/- each
with 2 sureties for the likesum to the
satisfaction of the jurisdictional Court;
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b. The appellants shall appear regularly on
all the dates of hearing before the Trial
Court unless the Trial Court exempts
their appearance for valid reasons;
c. The appellants shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d. The appellants shall not involve in similar
offences in future.
e. The appellants shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the
case registered against them is disposed
off.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGEKGK
CT:BCK
LIST NO.: 1 SL NO.: 10