- 1 - NC: 2025:KHC-K:2407 CRL.P No. 200605 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200605 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: APPU S/O SHIVAKANTH KALAVASKAR, AGE: 21 YEARS, OCC: DRIVER, R/O GADWANTI VILLAGE, TQ. HUMNABAD, DIST. BIDAR-585330. …PETITIONER (BY SRI SANJAY A. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH, HUMNABAD POLICE STATION, HUMNABAD CIRCLE, DIST. BIDAR-585401, REP. BY ADDL .SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH. 2. VEERAYYA SWAMY S/O BASAYA SWAMY, AGED: 58 YEARS, OCC: BUSINESS, R/O BAPPANNA GALLI, HUMNABAD TOWN, TQ. HUMNABAD, DIST. BIDAR-585330. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; R2 SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2407 CRL.P No. 200605 of 2025 THIS CRL.P. IS FILED U/SEC 483 OF BNSS, 2023 PRAYING TO, ALLOW THE PETITION THEREBY ENLARGE THE PETITIONER/ACCUSED ON BAIL IN SPL CASE NO.5003/2025 PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, SITTING AT BASAVAKALYAN, DISTRICT BIDAR CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(I), 87 OF BNS, 2023 AND SECTIONS 4 AND 6 OF POCSO ACT, 2012 ARISING OUT OF CRIME NO.177/2024 REGISTERED BY THE HUMNABAD POLICE STATION, DISTRICT BIDAR. 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 sole accused seeking regular bail in Special Case No.5003/2025, pending on the file of the II Additional District and Sessions Judge, Bidar, sitting at Basavakalyan arising out of Crime No.177/2024, registered for the offences punishable under Sections 137(2), 64(2(I), 87 of BNS, 2023 and Sections 4 and 6 of the POCSO Act, 2012. 2. It is the case of the prosecution that the petitioner, being the accused used to take the victim to - 3 - NC: 2025:KHC-K:2407 CRL.P No. 200605 of 2025 the school in his auto. During the said period, knowingly that the victim was a minor, induced her for one or the other pretext and also assured that he would marry her. On 05.11.2024, 09.30 a.m., when she was standing near the Thera Maidan to go to the college, the petitioner went there and assured that he would marry her, took her to the house of CW.15 and stated to have committed sexual assault. Likewise, he stated to have committed sexual assault another 4-5 times on different occasions. Again, he took her to Hyderabad and stayed there. On 21.11.2024, he brought her back to her native place and asked her to go to her house by promising to marry her. Therefore, she came back to home and lodged a complaint against the petitioner. The respondent/police after registering the case, conducted an investigation and submitted the charge-sheet. 3. It is the submission of the learned counsel for the petitioner that though the complaint came to be registered by making allegation that the petitioner had - 4 - NC: 2025:KHC-K:2407 CRL.P No. 200605 of 2025 committed sexual assault, the fact remains that the victim made statement before the Magistrate on 23.11.2024. She has confessed before the Magistrate that she voluntarily went along with the petitioner and also consented the petitioner to touch her and she further stated that there is no wrong of the petitioner. When such being the fact, languishing the petitioner in judicial custody would not serve the purpose. As such, he prays to enlarge the petitioner on bail. 4. Per contra, learned High Court Government Pleader prays to reject the petition on the ground that the victim was a minor as on date of the alleged incident. She had been subjected to sexual assault on several occasions on the promise of marriage. Though she consented for the sexual assault, the fact remains that her consent cannot be considered as a valid consent. As such, he prays to reject the bail on the ground that the victim was a minor and her consent cannot be considered to commit sexual assault. - 5 - NC: 2025:KHC-K:2407 CRL.P No. 200605 of 2025 5. Having heard the learned counsel for the respective parties and also perused the averments of the charge-sheet, though it appears from the record that the petitioner and the victim were loving with each other and they stated to have gone to Hyderabad and stayed there and further both have stayed in the house of C.W.15 and there he stated to have committed sexual assault on several occasions, the fact remains that the victim made her statement before the Magistrate that the petitioner had not committed the sexual assault against her. Having considered the said statement, I am of the considered opinion that the petitioner has made out a case to grant him bail. 6. Hence, I proceed to pass the following ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is enlarged on bail in Special Case No.5003/2025, pending on the file of the II Additional District and Sessions Judge, Bidar - 6 - NC: 2025:KHC-K:2407 CRL.P No. 200605 of 2025 sitting at Basavakalyan, District Bidar, arising out of Crime No.177/2024, registered by the Humnabad Police Station, for the offences punishable under Sections 137(2), 64(2)(I), and 87 of BNS, 2023 and Sections 4 and 6 of the POCSO Act, 2012, by executing personal bond for a sum of Rs.1,00,000/- with one surety for 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.: 25 CT:PK