Mr Dheeraj Gowda Vs the State of Karnataka

THE STATE OF KARNATAKA THROUGH MANGALURU WOMENS POLICE STATION, DAKSHINA KANNADA DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

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…RESPONDENT

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(BY MS. ASMA KOUSER, ADDL.SPP)

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.119/2024 OF MANGALURU WOMEN POLICE

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NC: 2025:KHC:1394 CRL.P No. 14399 of 2024

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STATION FOR THE OFFENCE P/U/S 69 OF BNS 2023 PENDING ON THE FILE OF THE HONBLE JMFC III COURT, MANGALURU.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Learned Additional SPP takes notice for the State.

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Heard the learned counsel for petitioner, learned Additional SPP and perused the material on record.

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F.I.R is registered against the petitioner for an offence punishable under Section 69 of BNS, 2023.

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Complainant/victim has alleged that when she was studying in PUC, she got acquainted with the petitioner and thereafter, both of them became friends. In the month of September 2021, by enticing her that he is in love with her and will marry her, petitioner took her to his room and committed rape on her against her will and thereafter, with a promise of marriage, continued the said

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NC: 2025:KHC:1394 CRL.P No. 14399 of 2024

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act and later, refused to marry and blocked her mobile number etc.

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As per complaint averments, petitioner and the complainant are friends and they are known to each other for several years. Allegations are that in the year 2021, petitioner committed rape by threatening the complainant and with an assurance of marriage and subsequently, refused to marry and blocked her mobile number.

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Admittedly, complainant is a major. Complaint is lodged on 17.11.2024, i.e., after more than three years from the date of alleged first incident. Petitioner was arrested on 19.11.2024. He is in custody since then. As per complaint, petitioner informed the complainant that his family members were not agreeing for the marriage. Hence, she gave a complaint to the Police on 17.11.2024. Petitioner was secured to the Police Station, wherein he agreed to marry the complainant, but later cheated her.

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The prosecution has to establish the ingredients of

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the offence alleged against the petitioner in a full-fledged

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NC: 2025:KHC:1394 CRL.P No. 14399 of 2024

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trial. Whether the consent given by the complainant was under mis-conception of fact or not is a matter which has

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to be established during trial. In the facts and circumstances, by imposing conditions, petitioner can be admitted to bail. Accordingly, the following:

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ORDER

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Petitioner/accused in Crime No.119/2024 of

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Mangalore Women Police Station, shall be enlarged on bail, subject to following conditions:

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He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the jurisdictional Court.

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