- 1 - NC: 2025:KHC-K:2580 CRL.P No. 200482 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200482 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: MANOJ @ MOUNESH S/O HANUMANTHA GADEDA, AGE:21 YEARS, OCC: STUDENT, R/O. CHATHRA VILLAGE, TQ. LINGASUGUR, DIST. RAICHUR-584125. …PETITIONER (BY SRI MAHANTESH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ADDL. SP,P KALABURAGI BENCH, (THROUGH TURVIHAL P.S., DIST. RAICHUR). 2. SMT. SANGEETA W/O SWAREPPA GHANTI, AGE:45 YEARS, OCC:LABOURER, R/O. MATALADINNI VILLAGE, TQ. YALABURGA, DIST. KOPPAL-583231. …RESPONDENTS (BY SRI GOPALKRISHNA B. YADAV, HCGP FOR R1; SRI SHRAVANKUMAR MATH, ADVOCATE FOR R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2580 CRL.P No. 200482 of 2025 THIS CRL.P. IS FILED U/SEC 483 OF BNSS,2023 PRAYING TO, GRANT THE REGULAR BAIL TO THE PETITIONER IN CRIME NO.129/2024 OF TURVIHAL P.S FOR OFFENCES PUNISHABLE U/SEC 376(3) OF IPC AND SEC 6, 5(J)(II) OF POSCO ACT PENDING ON THE FILE OF III-ADDL. DISTRICT AND SESSIONS JUDGE RAICHUR, SITTING AT SINDHANUR AND SPECIAL JUDGE FOR TRIAL OF THE CASES UNDER POCSO ACT. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 25.04.2025, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE S RACHAIAH CAV ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioner who is accused No.1 has approached this Court seeking regular bail in Crime No.129/2024 registered by Turvihal Police Station, for the offences punishable under Section 376(3) of IPC and Sections 6, 5(J)(II) of POCSO Act. 2. Factual matrix of the case: It is the case of the prosecution that the complainant-Sangeetha lodged complaint stating that the victim is her daughter. On 11.08.2024 at about 7.30 p.m., - 3 - NC: 2025:KHC-K:2580 CRL.P No. 200482 of 2025 the victim was suffering from stomachache and therefore, she took the victim to the hospital for treatment. At that time, it was noticed that the victim is a pregnant of three months. When the complainant enquired about the same, she narrated that the petitioner took the victim to Tavaragera and committed sexual assault for multiple times. Hence, she became pregnant. Based on the said complaint, the respondent-Police have registered the case and conducted investigation. During the investigation, the petitioner was arrested on 14.08.2024. After conducting the investigation, the respondent-Police have submitted the charge sheet. 3. Heard Sri.Mahantesh Patil, learned counsel for the petitioner, Sri.Gopalkrishna B.Yadav, learned High Court Government Pleader for respondent No.1 and Sri.Shravankumar Math, learned counsel for respondent No.2. - 4 - NC: 2025:KHC-K:2580 CRL.P No. 200482 of 2025 4. It is the submission of the learned counsel for the petitioner that there is delay in lodging the complaint. There are material contradictions in the statement of the victim. The medical record does not indicate that there was recent sexual intercourse. Age of the victim has not been proved properly by producing the documents. As the investigation has been completed, keeping the petitioner in judicial custody may not be required. Making such submissions, he prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader appearing for respondent No.1 vehemently submitted that the petitioner has committed heinous offence. The victim has made her statement before the learned Magistrate stating that she had been subjected to sexual assault on several occasions by blackmailing her. The medical report would indicate that the victim was pregnant of 17 weeks. The Investigating Officer collected blood samples and sent the said sample for DNA Test. Such being the fact, if the petitioner is released on bail, - 5 - NC: 2025:KHC-K:2580 CRL.P No. 200482 of 2025 there may be chances of tampering the prosecution witnesses. Therefore, it is not appropriate to grant him bail. Making such submissions, he prayed for rejecting the petition. 6. Learned counsel for respondent No.2 adopted the arguments advanced by the learned High Court Government Pleader and prayed for dismissing the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the records that the victim was examined by the Medical Officer on 13.08.2024 and found that the she was pregnant of 17 weeks. The victim has made statement before the learned Magistrate that she had been subjected to sexual assault on several occasions by forcing her. Prima facie, it appears that age of the victim is 14 years and the petitioner is responsible for her pregnancy. Though the learned counsel for the - 6 - NC: 2025:KHC-K:2580 CRL.P No. 200482 of 2025 petitioner submitted that the petitioner is aged about 21 years and he was a student, the fact remains that, he has committed an offence which is heinous in nature. Therefore, at this juncture, I am of the considered opinion that it is not appropriate to grant him bail. 8. Accordingly, I pass the following: ORDER The Criminal Petition is rejected. However, liberty is reserved to the petitioner to file similar application for bail after examination of the material witnesses or the victim. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 34 CT:PK