- 1 - NC: 2025:KHC-K:2243 CRL.P No. 200534 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200534 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: NAGARAJ S/O HANAMAYYA BIREDAR, AGE: 20 YEARS, OCC: AGRICULTURE, R/O YELAGATTI LINGASUGURU, NOW R/O ADDODAGI, TQ: SHORAPUR, DIST: YADGIR-585224. …PETITIONER (BY SRI RAJESH G. DODDAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, SHORAPUR POLICE STATION, SHORAPUR, NOW REPRESENTED BY, THE ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH–585105. 2. SRI BHIMANAGOUDA S/O TIPPANNA BIREDAR, AGE: 41 YEARS, OCC: AGRICULTURE, R/O ADDODAGI, TQ: SHORAPUR, DIST: YADGIR-585224. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2243 CRL.P No. 200534 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 PRAYING TO, ALLOW THIS PETITION AND RELEASE THE PETITIONER/ACCUSED NO.1 AS PER CHARGE SHEET ON BAIL IN CONNECTION WITH CRIME NO.286/2024 OF SHORAPUR POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(M), 351(2) OF BNS, 2023 AND UNDER SECTION 6 OF THE POCSO ACT, 2012, NOW PENDING ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE, YADGIR IN SPECIAL CASE NO.11/2025. 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) This petition is filed by the accused seeking to release the petitioner on bail in Crime No.286/2024 registered by the Shorapur Police Station, for the offences punishable under Sections 137(2), 64(2)(m), 351(2) of BNS, 2023 and under Section 6 of the POCSO Act, 2012, pending on the file of the District and Sessions Judge, Yadgir in Special Case No.11/2025. - 3 - NC: 2025:KHC-K:2243 CRL.P No. 200534 of 2025 2. The factual matrix of the case are as under: The petitioner, who is the relative of the victim on 02.12.2024 at about 01-00 a.m., stated to have kidnapped her and took her to his land situated at Ooti village, Devadurga Taluk and stated to have committed sexual assault. He kept her in the said land till 11.12.2024 and committed sexual assault on several occasions. Therefore, a case came to be registered by the father of the victim. After securing her presence, the statement under Section 164 of Cr.P.C. has been recorded. The Investigating Officer after completing the investigation, filed the charge sheet. 3. Heard Sri Rajesh Doddamani, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1/State. 4. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. In - 4 - NC: 2025:KHC-K:2243 CRL.P No. 200534 of 2025 fact, the victim made her statement before the learned Magistrate that the petitioner has not committed any mistake as alleged in the charge sheet. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. 5. Per contra, the learned High Court Government Pleader submitted that even though the victim made her statement that the petitioner has not committed any offences, the fact remains that she was a minor as on the date of the alleged incident. Therefore, her statement may not be relevant. Making such submissions, he prays to reject the petition. 6. Having heard the learned counsel for the respective parties, perused the averments of the charge sheet and also the statement of the victim recorded under Section 164 of Cr.P.C., it appears that both the petitioner and herself were loving with each other. As she could not leave him, she left the village with the petitioner and stayed for about 8-10 days along with him. On - 5 - NC: 2025:KHC-K:2243 CRL.P No. 200534 of 2025 12.12.2024, the respondent/police have secured their presence and brought her to the police station and thereafter, her statement has been recorded as per Section 164 of Cr.P.C. On reading of the said statement, she had not stated anything about the sexual assault. Therefore, it is appropriate to grant bail as prayed for. 7. Hence, I proceed to pass the following: ORDER (i) The criminal petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.286/2024 registered by the Shorapur Police Station for the offences punishable under Sections 137(2), 64(2)(m), 351(2) of BNS, 2023 and Section 6 of the POCSO Act, 2012, pending on the file of the District and Sessions Judge, Yadgir in Special Case No.11/2025, by executing personal bond for a sum of Rs.1,00,000/- with one surety for - 6 - NC: 2025:KHC-K:2243 CRL.P No. 200534 of 2025 the likesum to the satisfaction of the Trial Court on the following conditions: a. The petitioner shall not threaten or tamper the prosecution witnesses. b. The petitioner shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 20 CT:PK