- 1 - NC: 2025:KHC-K:2301 CRL.P No. 200470 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200470 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SONU S/O TARASING JADHAV, AGE:20 YEARS, OCC: PAINTING WORK, R/AT. FILE TANDA NANDOOR (K), TQ. AND DIST. KALABURAGI-585105. …PETITIONER (BY SRI B. C. JAKA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH UNIVERSITY POLICE STATION, KALABURAGI, DIST KALABURAGI-585105. NOW REPRESENTED BY, ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. SMT. ANITA (MOTHER OF THE VICTIM) W/O RAJKUMAR JADHAV, AGED ABOUT 41 YEARS, OCC: HOUSEWIFE, R/O. FILE THANDA NAGANOOR, TQ. AND DIST. KALABURAGI-585106. …RESPONDENTS (BY SRI GOPALKRISHNA YADAV, HCGP FOR R1; SRI MOHAN R. RATHOD, ADVOCATE FOR R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2301 CRL.P No. 200470 of 2025 THIS CRL.P. IS FILED UNDER SECTION 483 OF BNSS,2023 PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.CASE NO.75/2024 PENDING ON THE FILE OF ADDL. DIST. AND SESSIONS JUDGE AND FTSC-I (SPL. POCSO) AT KALABURAGI FOR THE OFFENCES PUNISHABLE U/SEC. 115(2), 189(2), 190, 191(2), 191(3), 64, 65(2) BNS 2023 AND SEC. 4 AND 6 OF POCSO ACT, ARISING OUT OF CRIME NO. 193/2024 OF UNIVERSITY POLICE STATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioner who is accused No.1 has approached this Court seeking regular bail in Spl.Case No.75/2024 (arising out of Crime No.193/2024 of University Police Station) pending on the file of Additional District and Sessions Judge and FTSC-I (POCSO) at Kalaburagi for the offences punishable under Sections 115(2), 189(2), 190, 191(2), 191(3), 64, 65(2) of BNS, 2023 and Sections 4 and 6 of the POCSO Act. 2. Brief facts of the case are that, - 3 - NC: 2025:KHC-K:2301 CRL.P No. 200470 of 2025 3. It is alleged that on 10.08.2024, the victim lodged the complaint stating that she was studying in 6th standard in English medium school at Kusnoor, Kalaburagi. It is stated in the complaint that on 09.08.2024, she came to her village for celebrating Nagara Panchami festival. On the same day, at about 2:30 p.m., when she was playing in the swing which was hanged in the hall at her house, mother of the victim was sitting in kirana shop which is situated adjacent to the house. At that time, accused being her uncle came and asked the victim to come to terrace and thereafter, he is said to have committed sexual assault on her. After that, he asked her to wear the clothes and threatened her that she should not disclose the same to anybody. After the incident, the victim narrated the fact to her mother. Hence, she lodged the complaint against the petitioner. The respondent-Police, after conducting investigation, have filed charge sheet. 4. Heard Sri.B.C.Jaka, learned counsel for the petitioner, Sri.Gopalkrishna B.Yadav, learned High Court - 4 - NC: 2025:KHC-K:2301 CRL.P No. 200470 of 2025 Government Pleader for respondent No.1 and Sri.Mohan R.Rathod, learned counsel for respondent No.2. 5. It is the submission of the learned counsel for the petitioner that the petitioner being uncle of the victim is stated to have committed sexual assault and the statement made by the victim before the learned Magistrate under Section 164 of Cr.P.C., would indicate that the petitioner himself scolded the victim that the victim should wear the clothes and came back. The medical report would also indicate that there was nothing to show that she was subjected to sexual assault. Even assuming that the incident had occurred, the provisions of Sections 4 and 6 of the POCSO Act are not applicable. Hence, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently submitted that the petitioner being the uncle of the victim has committed sexual assault on - 5 - NC: 2025:KHC-K:2301 CRL.P No. 200470 of 2025 her which is against to the ethics and moral turpitude. If the petitioner is enlarged on bail, it gives a wrong message to the society at large. Moreover, if the petitioner is released on bail, there may be chances of threatening the family members of the victim or tampering them in one or the other pretext. Hence, it is not appropriate to grant bail to the petitioner. Making such submissions, he prays to dismiss the petition. 7. Learned counsel for respondent No.2 adopted the arguments advanced by the learned High Court Government Pleader. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, though, it is stated that the victim had been subjected to sexual assault by the petitioner who is none other than uncle of the victim, the fact remains that, the medical report and the statement of the victim recorded under Section 164 of Cr.P.C., would indicate that no sexual assault had taken place. - 6 - NC: 2025:KHC-K:2301 CRL.P No. 200470 of 2025 9. Further, on going through the records, it appears that there was a civil dispute pending between the family members. Now, stage of the case is that the petitioner is leading defence evidence to take defence in the case. 10. Be that as it may, after going through the averments of the complaint and also evidence of the victim, I am of the considered opinion that the petitioner has made out a case to grant him bail. 11. Accordingly, I pass the following: ORDER The Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail in Spl.Case No.75/2024 (arising out of Crime No.193/2024 of University Police Station) pending on the file of Additional District and Sessions Judge and FTSC-I (POCSO) at Kalaburagi, for the offences punishable under Sections 115(2), 189(2), 190, 191(2), 191(3), 64, 65(2) of BNS, - 7 - NC: 2025:KHC-K:2301 CRL.P No. 200470 of 2025 2023 and Sections 4 and 6 of the POCSO Act, on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court, on the following conditions: i. The petitioner shall not threaten or tamper the prosecution witnesses. ii. The petitioner shall appear before the Trial Court on all the hearing dates without fail. iii. The petitioner shall not leave the jurisdiction of the Trial Court till disposal of the case. Sd/- (S RACHAIAH) JUDGE SRT/NB List No.: 1 Sl No.: 18 CT:PK