- 1 - NC: 2025:KHC-K:2687 CRL.P No. 200608 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200608 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: KRISHNA S/O LATE DODDA URUKUNDAPPA, AGE: 22 YEARS, OCC: STUDENT, R/O HOSURU VILLAGE, RAICHUR, TQ. AND DIST. RAICHUR-584 103. …PETITIONER (BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE SHO, RAICHUR WOMEN POLICE STATION, REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 102. 2. SHARANAMMA W/O LATE TAYANNA, AGED ABOUT 48 YEARS, OCC: HOUSEHOLD, R/O SUKHASHANTI COLONY, ASHAPUR ROAD, RAICHUR, TQ. AND DIST. RAICHUR-584 102, SINCE VICTIM IS MINOR REPRESENTED BY HER MOTHER. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1; R2-SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2687 CRL.P No. 200608 of 2025 THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD), 483 OF BNSS (NEW), PRAYING TO ALLOW THIS BAIL PETITION AND THEREBY RELEASE THE PETITIONER/ ACCUSED NO.1 ON BAIL IN SPL. CASE. POCSO NO. 06/2025 (CRIME NO. 92/2024 OF RAICHUR WOMEN PS) PENDING ON THE FILE OF SPL. COURT FOR POCSO OFFENCES AND I ADDL. DIST. AND SESSIONS JUDGE, RAICHUR FOR THE OFFENCES PUNISHABLE U/SECS. 96, 64, 351(2), 49 R/W 3 (5) OF BNS 2023 AND SECTION 6 AND 17 OF THE POCSO ACT, 2012, REGISTERED BY THE RESPONDENT NO.1 RAICHUR WOMEN POLICE STATION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) This petition under Section 483 of BNSS, 2023 seeking regular bail in Crime No.68/2025 dated 19.11.2014 registered by the Raichur Women Police Station, for the offences punishable under Sections 96, 64 and 351(2) r/w Section 3(5) of BNSS, 2023 and Section 6 of Protection of Children from Sexual Offences Act, 2012. - 3 - NC: 2025:KHC-K:2687 CRL.P No. 200608 of 2025 2. The abridged facts of the case are that, about two years prior to the incident when the victim was studying in 10th standard and while she was going to school she came in contact with petitioner-accused No.1. After few days, the accused proposed the victim about his love affair and he promised her that he will marry her. Accordingly, on such promise in the month of November 2023, at about 11.00 a.m., when the victim alone was in her house, the accused entered the house and committed sexual intercourse on the victim. Thereafter, on 19.09.2024 at about 12.00 p.m., once again the accused visited the house of the victim and repeated the said act with her. Thereafter, on 24.09.2024, the accused once again visited the house of the victim and informed the victim that his uncle i.e., accused No.2 agreed to perform their marriage and as such he took her to Hirapur village and thereafter in the evening they both returned to her house. Thereafter, the accused failed to obey his promise to marry the victim. Hence, she lodged the complaint before the respondent police. On the strength of the complaint, the FIR came to be registered in Crime No.68/2025. Subsequently, the respondent police investigated the matter and laid the charge sheet against - 4 - NC: 2025:KHC-K:2687 CRL.P No. 200608 of 2025 the accused for the aforesaid offences. The accused was arrested on 20.11.2024 and ever since he is in custody. Aggrieved by the same, he approached the learned District and Sessions Judge, Raichur, in Crl.Misc.No.68/2025 seeking for grant of bail and the same has been dismissed. Hence, the present bail petition is filed. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State. 4. The primary contention of the learned counsel for the petitioner is that the victim is a consenting party and both the accused and victim were in love affair. The initial incident was caused in the month of November 2023, although she failed to inform the same to the family members or to the police. Further, the medical certificate also reveals that there was no such recent sexual intercourse nor injuries on the victim. Further the victim was aged around 17-18 years as on the date of the complaint. In such circumstances, he prays to enlarge the petitioner on bail - 5 - NC: 2025:KHC-K:2687 CRL.P No. 200608 of 2025 5. Per contra, learned High Court Government Pleader vehemently opposed the bail petition by relying 164 statement of the victim so also the medical certificate. Accordingly, he prays to dismiss the petition. 6. I have given my anxious consideration on the submission advanced by the learned counsel for the parties so also the documents available on record. 7. It could be gathered from the records that, as per the complaint of the victim, the initial incident was allegedly caused in the month of November 2023 and the complaint was lodged 19.11.2024. It could be gathered from the statement of the victim that herself and accused were sexually active for a period of one year, despite she failed to lodge any complaint to the respondent police. Though the victim was examined immediately after her complaint, the medical certificate depicts that there was no such recent sexual intercourse. In such circumstances, without expressing any opinion regarding merits of the case suffice to hold that the petitioner may be enlarged on bail. Accordingly, the petition deserves to be allowed. Hence, the following: - 6 - NC: 2025:KHC-K:2687 CRL.P No. 200608 of 2025 ORDER The petition filed under Section 483 of BNSS 2023, is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in connection with Crime No.68/2025 on the file of the Special Court for POCSO Offences and I Addl. District and Sessions Judge, Raichur, for the offences punishable under Sections 96, 64 and 351(2) r/w Section 3(5) of BNSS, 2023 and Section 6 of Protection of Children from Sexual Offences Act, 2012, on the following conditions: i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the likesum to the satisfaction of the jurisdictional Court. ii) The petitioner shall mark his attendance once in a week on every Sunday between 10:00 a.m., and 05:00 p.m., before the Investigating Officer or before the jurisdictional Court. iii) The petitioner shall not tamper with the prosecution witnesses or prevail upon the prosecution witnesses in any manner. - 7 - NC: 2025:KHC-K:2687 CRL.P No. 200608 of 2025 iv) The petitioner shall attend the jurisdiction court regularly on all dates of hearing and shall cooperate with the investigation authority. v) The petitioner shall not leave the jurisdiction of the trial Court without its prior permission. Sd/- (RAJESH RAI K) JUDGE MSR List No.: 1 Sl No.: 24 CT: AK