- 1 - NC: 2025:KHC-K:2529 CRL.P No. 200604 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200604 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SAVITA W/O SITARAM JADAV, AGED: 25 YEARS, OCC: HOUSEWIFE, R/O. ALIPUR THANDA VILLAGE, TQ. CHITGUPPA AND DIST. BIDAR-585401. …PETITIONER (BY SRI. JAIRAJ K. BUKKA, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ITS BEMALKHEDA POLICE STATION, REPRESENTED BY ITS, ADDL GOVT ADVOCATE, HIGH COURT KALBURAGI-585104. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S. 482 OF BNSS, PRAYING TO ALLOW THIS PETITION AND MAY KINDLY BE RELEASED THE PETITIONER / ACCUSED NO.2 ON BAIL IN CRIME NO.39/2024 NOW SPL.C.NO.5023/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 376(2)(n) 323 IPC AND SECTION 4, 5(J)(II), 5(L) AND 6 OF THE POCSO ACT, 2012, REGISTERED BY THE BEMALKHEDA POLICE STATION NOW PENDING OF THE FILE OF HONOURABLE II ADDITIONAL DIST. AND SESSIONS JUDGE Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2529 CRL.P No. 200604 of 2025 BIDAR, SITTING AT BASWAKALAYAN IN EVENT OF HER ARREST. 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 No.2 seeking anticipatory bail in Crime No.39/2024, registered by Bemalkhed police station, Bidar, for the offence punishable under Section 376(2)(n) 323 IPC and Sections 4, 5(J)(II), 5(L) and 6 of the POCSO Act, 2012, which is pending in Spl.C.No.5023/2024 on the file of II Additional District and Sessions Judge, Bidar sitting at Basavakalyan. 2. It is the case of the prosecution that the complainant Anita W/o. Dasharath Pawar lodged a complaint stating that she had four children and she is the resident of Alipur Tanda. Her second daughter Kumari Pooja aged about 17 years was staying along with her. On 06.06.2024 around about 8.30 p.m., herself and the - 3 - NC: 2025:KHC-K:2529 CRL.P No. 200604 of 2025 victim Pooja were having dinner and she noticed that the victim was having difficulty in taking breath. Immediately, the complainant asked about the same, she was informed by the victim that the brother of the petitioner namely Arvind induced her that he was in love with her and on that pretext, he stated to have committed sexual assault and consequently, she became pregnant. When she insisted him to marry her, the victim was assaulted by the petitioner and her brother. After receiving the said information, the complainant lodged a complaint against the petitioner and her brother before the respondent – police. The respondent – police after conducting the investigation, filed charge sheet. 3. Heard the learned counsel for the petitioner Sri Jairaj K. Bukka and learned High Court Government Pleader Sri Jamadar Shahabuddin for the respondent No.1 – State. Respondent No.2 served and unrepresented. 4. It is the submission of learned counsel for the petitioner that the allegation made against the petitioner is - 4 - NC: 2025:KHC-K:2529 CRL.P No. 200604 of 2025 that she had assaulted the victim when she had been to her house and quarreling with accused No.1 by insisting him to marry her. Except the said allegation nothing has been placed on record to show that the petitioner had instigated or abetted the act of sexual assault. Therefore, the petitioner may be enlarged on bail. 5. It is further submitted that the petitioner is a woman, aged about 25 years and she is the permanent resident of Alipur Tanda, Bidar district and she will abide the conditions to be imposed by this Court in the event of releasing her on bail. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent No.1 vehemently opposed the said submissions and he further submitted that there are allegations made against the petitioner. The petitioner has instigated accused No.1 to commit the sexual assault. The offence committed by the petitioner is heinous in - 5 - NC: 2025:KHC-K:2529 CRL.P No. 200604 of 2025 nature and therefore, she is not entitled for any relief. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint and charge sheet, it appears from the charge sheet that the petitioner stated to have assaulted the victim. Except the said allegation, nothing has been placed on record to show that the petitioner has instigated or abetted the accused No.1 to commit the alleged act of sexual assault. Therefore, I am of the opinion that the prayer made by the petitioner needs to be granted. Hence, I proceed to pass the following: ORDER The criminal petition is allowed. The respondent - police are directed to release the petitioner/accused No.2 in the event of her arrest in Crime No.39/2024, registered by Bemalkhed police station, Bidar, for the offence punishable under Section 376(2)(n) - 6 - NC: 2025:KHC-K:2529 CRL.P No. 200604 of 2025 323 IPC and Sections 4, 5(J)(II), 5(L) and 6 of the POCSO Act, 2012, which is pending in Spl.C.No.5023/2024 on the file of II Additional District and Sessions Judge, Bidar sitting at Basavakalyan, subject to 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. c) The petitioner shall co-operate for investigation as and when required. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 9 CT:PK