Vinayaka Aliyas Vini @ Vini Vs State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.87/2025 (CR.NO.554/2024) PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-, SHIVAMIOGGA FOR THE OFFENCE P/U/S.

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2 - NC: 2026:KHC:3137 CRL.P No. 14699 of 2025

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HC-KAR

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118(1), 3(5), 70(1), 74, 75, 76, 64 (2)(M), 127(2) OF BNS ACT.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.1 under Section 483 of BNSS praying to grant bail in Special C.No.87/2025 arising out of Crime No.554/2024 of Tunga Nagar Police Station pending on the file of Additional District and Sessions Judge, FTSC-I, Shivamogga registered for offences under Sections 118(1), 3(5), 70(1), 74, 75, 76, 64(2)(M), 127(2) of BNS.

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Heard learned counsel for the petitioner and

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learned High Court Government Pleader for the respondent -State.

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Learned counsel for the petitioner would

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contend that the petitioner is relative of the victim. He took treatment for his fracture of back bone for 3 months.

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HC-KAR

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The petitioner along with the victim and her children went to Kedarnath and all expenses borne by the victim lady. There are three alleged incidents dated 13.11.2024, 21.11.2024 and 26.11.2024. There is no any complaint with regard to the incidents dated 13.11.2024 and 21.11.2024. The medical examination report indicates no recent signs of sexual intercourse. Even though the victim was examined on the very next day of the incident stated have taken place in forest area. There were no any external injuries over the body of the victim lady even though the alleged incident has taken place in forest area. The FSL report is negative. In the statement of the victim recorded under Section 183 of BNSS, she has stated some other aspects of robbing the gold ornaments and there are no specific dates mentioned in it. Considering the said aspects, the victim has filed false complaint against the petitioner. Accused Nos.2 to 5 against whom allegation of gang rape is made have been granted bail by the Sessions Court. As the charge sheet is filed, the petitioner is not

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4 - NC: 2026:KHC:3137 CRL.P No. 14699 of 2025

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HC-KAR

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required for further custodial interrogation. The petitioner is in judicial custody since 27.11.2024. There are no antecedents of the petitioner. With this, he prayed to allow the petition.

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Per contra , learned High Court Government Pleader for the respondent -State would contend that serious allegations are made against the petitioner committing sexual assault and gang rape with other accused. The petitioner is relative of the victim lady. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. If the petitioner is granted bail, there is threat to the victim lady and other prosecution witnesses. With this, he prayed to reject the petition.

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Having heard learned counsels, the Court has

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perused the charge sheet and other materials placed on record.

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HC-KAR

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As per averments of the complaint, the petitioner is close relative of the victim lady and she has given treatment for the fracture of backbone of the petitioner. The petitioner traveled with victim lady and her children to Kedarnath at the expenses of the victim lady.

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As per averments of the complaint, there are three incidents, one on 13.11.2024, second on 21.11.2024 and third on 26.11.2024. In is narrated in the incident dated 13.11.2024, the petitioner is stated to have sexually assaulted the victim lady in her house and he causing injury on her stomach and back. There is no complaint in that regard by the victim lady. There is another incident dated 21.11.2024 wherein four accused persons committing gang rape on the victim lady. There is another incident dated 26.11.2024 taken place in forest area where four accused persons committing gang rape on the victim lady. There is no any complaint with regard to incident dated 21.11.2024. The last incident dated 26.11.2024, which has taken place in forest area, wherein

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HC-KAR

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there is an allegation of gang rape by four accused persons. The victim lady has not sustained any external injury. The doctor who examined the victim lady on the next day of the incident has opined that no signs of recent sexual intercourse. The investigation is over. The charge sheet has been filed. The petitioner is in judicial custody since 27.11.2024 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no any criminal antecedents of the petitioner. Considering

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the above aspects, the petitioner has made out case for grant of bail with conditions.

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7. In the result, the following

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ORDER

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i) The petition is allowed.

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ii) The petitioner is granted bail in Crime

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No.554/2024 of Tunga Nagar Police Station registered for offences under Sections 118(1),