- 1 - HC-KAR NC: 2025:KHC-D:11155 CRL.P No. 103203 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103203 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. RAMESH @ RAMAPPA S/O BASAPPA DONI, AGE. 30 YEARS (NOT 43 YEARS AS SHOWN), OCC. COOLIE, R/O. BIDARI, TQ. JAMKHANDI, DIST. BAGALKOTE-587 301. 2. VIDYASHREE W/O YAMANAPPA KAGGAPPAGOL, AGE. 32 YEARS, OCC. HOUSEHOLD, R/O. BELAGALI, TQ. MUDHOL, DIST. BAGALKOTE-587 313. … PETITIONERS (BY SRI. K.S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY MUDHOL POLICE STATION, MUDHOL, DIST. BAGALKOTE, R/BY STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA, BENCH AT: DHARWAD-580 011. 2. YAMANAPPA S/O KALLAPPA KAGGAPPAGOL, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. BELAGALI VILLAGE FARM HOUSE, TQ. MUDHOL, DIST. BAGALKOTE-587 313, (FATHER OF VICTIM). … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE SERVED TO R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO RELEASE THE PETITIONERS/ACCUSED NO.1 AND 2 ON REGULAR BAIL IN MUDHOL P.S. CRIME NO.183/2025 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BAGALKOTE REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(2)(M), 65(1) OF BNS 2023 AND RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11155 CRL.P No. 103203 of 2025 SECTIONS 4(2), 6, 17 OF POCSO ACT, 2012, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused nos.1 & 2 in Crime No.183/2025 registered by Mudhol Police Station, Bagalkot District, for the offences punishable under Sections 64(2)(m), 65(1) of BNS, 2023 and Sections 4(2), 6 & 17 of POCSO Act, are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the petitioners and the learned HCGP for respondent no.1-State. Respondent no.2 who is served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.183/2025 was registered by Mudhol Police Station, Bagalkot District, for the aforesaid offences against the petitioners herein based on the first information dated 30.06.2025 received from respondent no.2 who is the father of the victim girl. During the course of investigation, petitioners - 3 - HC-KAR NC: 2025:KHC-D:11155 CRL.P No. 103203 of 2025 were arrested on 02.07.2025, and subsequently remanded to judicial custody. Their bail application filed before the Trial Court in Crime No.183/2025 was rejected on 25.07.2025. Therefore, petitioners are before this Court. 4. Learned Counsel for the petitioners submits that petitioner no.1 is the elder brother of petitioner no.2. Petitioner no.2 is the second wife of the first informant and step-mother of the victim girl. The allegation of committing sexual assault on the victim girl is against accused no.1. Accused no.2 allegedly had abetted accused no.1 to commit the crime and she also had not taken any action inspite of the victim girl bringing to her notice about the act committed by accused no.1. 5. Per contra, learned HCGP has opposed the petition. She submits that as a result of the act committed by accused no.1, the victim girl was pregnant and the DNA test report now received would go to show that accused no.1 is the biological father of the fetus. Accused no.1 who is the close relative of the victim girl, has taken advantage of his position and has committed the heinous offence. Accused no.2 who is his sister, inspite of coming to know of the act committed by accused no.1, - 4 - HC-KAR NC: 2025:KHC-D:11155 CRL.P No. 103203 of 2025 had instructed the victim girl to cooperate with him. Accordingly, she prays to dismiss the petition. 6. The first informant is the father of the victim girl. He has stated in his first information that on 30.06.2025, when he was in his house, some persons from Childrens Helpline came to his house and inquired about the sexual assault made on his daughter who is the victim girl in the present case. On inquiry with the victim, she allegedly informed that accused no.1 who is the brother of accused no.2 with a promise to marry the victim girl, had sexual intercourse with her forcibly and also had criminally intimidated her thereafter. She has stated that accused no.1 had repeated the said act for about 10 to 12 times and when the victim girl had brought the same to the knowledge of accused no.2 who is her step-mother, she allegedly had supported her brother. It is under these circumstances, FIR was registered against accused nos.1 & 2. 7. Investigation of the case is under progress. The DNA test report reflects that accused no.1 is the biological father of the fetus. He being the uncle of the victim girl had taken advantage of his position and has committed the heinous offence which has - 5 - HC-KAR NC: 2025:KHC-D:11155 CRL.P No. 103203 of 2025 resulted in the minor girl becoming pregnant at a tender age. Therefore, his prayer for grant of regular bail at this stage cannot be entertained. 8. So far as accused no.2 is concerned, the only allegation against her is that even after the victim girl had brought to her notice about the act committed by accused no.1, she had supported accused no.1 and had threatened the victim girl not to inform the same to anybody. Accused no.2 is a married lady aged about 32 years. Considering the nature of allegations found against her and also having regard to the proviso to Section 480 of BNSS, 2023, I am of the opinion that the prayer made by petitioner no.2 for regular bail is required to be answered affirmatively. Accordingly, the following order: 9. Petition is allowed in part. Petition as against petitioner no.1/accused no.1 is dismissed. Petition as against petitioner no.2/accused no.2 is allowed. The petitioner no.2/accused no.2 is directed to be enlarged on bail in Crime No.183/2025 registered by Mudhol Police Station, Bagalkot District, for the offences punishable under Sections 64(2)(m), 65(1) of BNS, - 6 - HC-KAR NC: 2025:KHC-D:11155 CRL.P No. 103203 of 2025 2023 and Sections 4(2), 6 & 17 of POCSO Act, subject to the following conditions: a) Petitioner no.2/accused no.2 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner no.2/accused no.2 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner no.2/accused no.2 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner no.2/accused no.2 shall not involve in similar offences in future; Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 22