- 1 - NC: 2025:KHC-K:2530 CRL.P No. 200577 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.200577 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: UMESH @ USHAPPA S/O DODDA DEVAPPA KOREBAN, AGE:22 YEARS, OCC: DRIVER, R/O. NEAR SIHI BHAVI, GURUMITKAL, TQ. GURUMITKAL, DIST. YADGIR-585223. …PETITIONER (BY SRI. RAJESH DODDAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, GURUMITKAL POLICE STATION, DIST. YADGIRI, NOW REPRESENTED BY, THE ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585105 . 2. SMT. MANGAMMA W/O BHEEMASHAPPA KAREMALLI, AGE:38 YEARS, OCC: HOUSEWIFE, R/O. MALLAYYA KATTA AREA, GURUMITKAL, MALAGETARDODDI KAKKERA, TQ. GURUMITKAL, DIST. YADGIR-585223. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; R2 SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2530 CRL.P No. 200577 of 2025 THIS CRL.P. IS FILED 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 IN CR NO.176/2024 OF GURUMITKAL POLICE STATION, YADGIR REGISTERED FOR THE OFFENCES U/S 137(2), 64(2)(m), 65(1) OF BNS 2023 AND U/S 4 AND 6 OF THE POCSO ACT, NOW PENDING ON THE FILED OF THE HON'BLE DISTRICT AND SESSIONS JUDGE, YADGIRI IN SPL C NO.6/2025. 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) The petitioner who is accused No.1 has approached this Court seeking regular bail in Crime No.176/2024 registered by Gurumitkal Police Station, Yadgir for the offences punishable under Sections 137(2), 64(2)(m), 65(1) of BNS, 2023 and under Sections 4 and 6 of the POCSO Act, pending on the file of District and Sessions Judge, Yadgir in S.C.No.6/2025. 2. Factual matrix of the case: - 3 - NC: 2025:KHC-K:2530 CRL.P No. 200577 of 2025 It is the case of the prosecution that the complainant is the mother of the victim. She has stated in her complaint that, on 26.10.2024 around about 8.00 a.m. she went to the hospital at Yadgir along with her husband and her daughter had gone to college. When they returned to home, the complainant was informed that her daughter who is the victim was kidnapped by some unknown person by stating that he was his brother and wanted to take her to hospital. On receiving the said information, herself and her husband started searching the whereabouts of their daughter, however, on 31.10.2014, around about 8.00 a.m., the victim returned to her house voluntarily. When the complainant enquired the victim as to where she gone, the complainant was informed that the petitioner had abducted her on the pretext of marriage and took her to Hyderabad and he stated to have committed sexual assault on her. Therefore, the complainant lodged a complaint against the petitioner. Therefore, the respondent – police registered case, conducted investigation and filed charge sheet. - 4 - NC: 2025:KHC-K:2530 CRL.P No. 200577 of 2025 3. Heard Sri. Rajesh Doddamani, learned counsel for the petitioner and Sri. Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1. Notice to respondent No.2 is served and unrepresented. 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. He is aged about 22 years, working as driver and he is earning member in the family. 5. It is further submitted that there are some consistencies in the statement of the victim before the police under Section 161 of Cr.P.C. and before the Magistrate under Section 164 Cr.P.C. The said consistencies may be considered as material contradictions and petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. - 5 - NC: 2025:KHC-K:2530 CRL.P No. 200577 of 2025 6. Per contra, learned High Court Government Pleader for respondent No.1 vehemently submitted that the victim was minor as on the date of the alleged incident and she was kidnapped from the lawful custody of her parents. She was taken to Hyderabad by the petitioner and kept her there for four days and committed sexual assault on her. Such being the fact, it is not appropriate to grant bail to the petitioner. Making such submissions, he prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint and charge sheet, though in the complaint, it is stated that the victim had been abducted by the petitioner and kept her in Hyderabad for four days and committed sexual assault, in the statement of the victim before the Magistrate, she had stated that she was asked to consume juice and after consuming the juice, she became unconscious and after she regain her consciousness, she learnt that she had been raped by the petitioner. This - 6 - NC: 2025:KHC-K:2530 CRL.P No. 200577 of 2025 inconsistency probably making this Court to grant bail to the petitioner. Without adverting to the merits of the case, I am of the considered opinion that the prayer made by the petitioner deserves to be granted by imposing suitable conditions. 8. Accordingly, I pass the following: ORDER The Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail in in Crime No.176/2024 registered by Gurumitkal Police Station, Yadgir for the offences punishable under Sections 137(2), 64(2)(m), 65(1) of BNS, 2023 and under Sections 4 and 6 of the POCSO Act, pending on the file of District and Sessions Judge, Yadgir in S.C.No.6/2025, on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: - 7 - NC: 2025:KHC-K:2530 CRL.P No. 200577 of 2025 i. The petitioner shall not threaten or tamper the prosecution witnesses. ii. The petitioner shall appear before the Trial Court on all the hearing dates without fail. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 6 CT:PK