- 1 - NC: 2025:KHC-K:2245 CRL.P No. 200572 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 08TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200572 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: HASAN PATEL SIRASAGI, S/O MAHIBOOB PATEL SIRASAGI, AGE:19 YEARS, OCC: STUDENT, R/O. KASARBOSAGA, TQ. YEDRAMI, DIST. KALABURAGI-585310 …PETITIONER (BY SRI MOHANKUMAR RATHOD AND SRI RAVI BHEEMSINGH CHAWAN, ADVOCATES) AND: 1. THE STATE THROUGH NELOGI POLICE STATION KALABURAGI (REPRESENTED BY LEARNED ADDL. S.P.P, HIGH COURT OF KARNATAKA, AT KALABURAGI-585105). 2. MAHANTHAPPA S/O SHIVALINGAPPA GADDI, AGE:40 YEARS, OCC: FARMER, R/O. KASARBHOSAGA VILLAGE, TQ. YADRAMI, DIST. KALABURAGI-585325. …RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP FOR R1; R2 SERVED) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD) U/SEC 483 OF BNSS, 2023 PRAYING TO, ALLOW THE PETITION AND RELEASE THE ACCUSED - PETITIONER ON BAIL IN SPL. CASE POCSO NO.63/2024 IN CRIME NO.127/2024 OF NELOGI POLICE STATION., DIST.KALABURAGI, FOR THE OFFENCES PUNISHABLE UNDER Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2245 CRL.P No. 200572 of 2025 SECTIONS 137(2), 64, 78, 79, 352, 351(2) R/W 3(5) OF BNS, 2023 AND SECTIONS 4, 6, 12 AND 17 OF POCSO ACT, WHICH IS PENDING ON THE FILE OF ADDL. DIST. AND SESSIONS JUDGE AT FTSC-I (POCSO) AT KALABURAGI. 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) 1. Petitioner / accused No.1 is seeking regular bail in Spl.C.(POCSO) No.63/2024 in Crime No. 127 of 2024 of the respondent - police for the offences under Sections 137(2), 64, 78, 79, 352, 351(2) r/w 3(5) of BNS, 2023 and Sections 4, 6, 12 and 17 of the Protection of Children from Sexual Offences Act (for short ‘POCSO Act’), which is pending on the file of Addl. District and Sessions Judge and FTSC-I (POCSO) at Kalaburagi. Factual matrix of the case are: 2. The father of the victim lodged a complaint on 03.07.2024 stating that the victim is his daughter. She was going to college at Jewargi by bus. On 02.07.2024, at about 09.00 a.m., when himself, his wife and children were in the house, the victim told them that she would go - 3 - NC: 2025:KHC-K:2245 CRL.P No. 200572 of 2025 to college and left the house around 09.00 a.m. However, she did not return to the home even after the lapse of 04.00 p.m. The complainant and his family members started searching the whereabouts of the victim. However, the victim was not traced. 3. On 03.07.2024, at about 09.00 a.m., the complainant went to the house of the accused and enquired with accused No.2, who is the father of accused No.1, regarding the incident. The accused No.2, who is the father of accused No.1, abused the complainant in filthy language and gave evasive answer to the request of the complainant to trace the son of accused No.2 and his daughter. Therefore, he lodged a complaint before the respondent-police. 4. The respondent-police registered a case in Crime No. 127/2024 against accused Nos.1 and 2. The respondent- police after conducting the investigation, submitted the charge sheet for the offences stated supra. Some of the witnesses have been examined by the prosecution and the remaining witnesses have to be examined. - 4 - NC: 2025:KHC-K:2245 CRL.P No. 200572 of 2025 5. Heard Sri Mohankumar Rathod and Sri Ravi Bheemsingh Chawan, learned counsel for the petitioner and Sri Gopal Krishna Yadav, learned High Court Government Pleader for respondent No.1 - State. 6. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences. In the evidence of PWs.2 and 3, who are the father and mother of the victim, have turned hostile about the incident. However, the victim has supported the case of prosecution. Regarding the age of the victim is concerned, there is ambiguity about the minority of the victim. The evidence of the victim cannot be considered as gospel truth regarding the incident. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. He will abide by the conditions in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, learned High Court Government Pleader vehemently opposed the bail petition and submitted that the petitioner induced the minor girl and took her phone number and he was talking with her. On 02.07.2024, he - 5 - NC: 2025:KHC-K:2245 CRL.P No. 200572 of 2025 kidnapped the victim and took her to different places and stayed there along with her. Thereafter, they have been traced by the respondent - police. Merely because, PWs.2 and 3 have turned hostile, that may not be the ground to grant bail for the reason that, the victim has supported her case not only regarding the kidnap, but also, the sexual assault committed by the petitioner. At this juncture, if the bail is granted, there might be a threat to the life of the victim. Hence, it is not proper to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 8. Having considered the submissions of the learned counsel for the respective parties and also perused the averments of the charge sheet and deposition of all the witnesses, prima facie it appears that, the victim, who has been examined as P.W.1, supported the case and there are materials to show that she had been subjected to sexual assault. Merely because, other witnesses have turned hostile, in my considered view, is not sufficient to grant bail at this stage, for the reason that, evidence of P.W.1 and other circumstances are in favour of the prosecution. - 6 - NC: 2025:KHC-K:2245 CRL.P No. 200572 of 2025 It is the duty of the Trial Court to assess the evidence independently and pass appropriate orders. Therefore, at this stage, it is not appropriate to grant bail. 9. Hence, I proceed to pass the following: ORDER The Criminal Petition stands rejected. Sd/- (S RACHAIAH) JUDGE RSP/Bss List No.: 1 Sl No.: 22 CT:PK