- 1 - HC-KAR NC: 2025:KHC-D:17831 CRL.A No. 100673 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100673 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: MAHESH S/O. RAMESH HOSAMANI, AGE. 27 YEARS, OCC. TEMPO DRIVER, R/O. CHETANA NAGAR, VENKATESHAWAR COLONY, KESHAVAPUR HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD, PIN-580023. …APPELLANT (BY SRI. TIPPANAGOUDA REVANAGOUDA PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY HUBBALLI KESHWAPUR POLICE, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD, PIN. 580011. 2. SMT. SUDHA W/O. SUNIL GUNTHKAL, AGE. 28 YEARS, OCC. HOUSEWIFE, R/O. BANKAPUR CHOWKA, INDIRANAGAR, ISLAMPUR ROAD, HUBBALLI, DIST. DHARWAD, PIN-580024. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 (A)(2) OF SC AND ST (POA), PRAYING TO SET ASIDE THE ORDER DATED 13/10/2025 AND ALLOW THE APPEAL, IN HUBBALLI KESHWAPUR PS CRIME NO.142/2025 PENDING ON THE II ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE, AT DHARWAD AND PLEASE RELEASED HIM ON BAIL, THE OFFENCES PUNISHABLE UNDER SECTIONS 64(1), 74, 115(2), 118(1), 352, 352(2) R/W 3(5) OF BNS AND SECTION 3(1)(S)(R), 3(2)(V), 3(2)(V-A) OF SC/ST ACT 2015 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17831 CRL.A No. 100673 of 2025 THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The appellant is arrayed as accused No.1 is before this Court seeking for grant of regular bail in Crime No.142/2025 of respondent No.1/Police for the offence under and Sections 3(2)(va), 3(2)(v), and 3(1)(r)(s) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act, 20151 and Sections 64(1), 74, 115(2), 118(1), 352 and 351(2) r/w. Section 3(5) of the Bharatiya Nyaya Sanhita, 20232. Brief facts of the case; 2. The case of the prosecution is that, the victim is staying along with her son in her grand mother’s house. It is stated that she had left her husband as there was a difference of opinion between them. The appellant is working as a Tempo Driver. He had been to Dharmastal as 1 For short ‘SC and ST Act’ 2 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:17831 CRL.A No. 100673 of 2025 a driver with the family members of the victim. After coming back, the appellant herein used to visit the house of victim’s maternal uncle. As such, they developed intimacy, further, it is stated that, the appellant is stated to have committed sexual assault on the victim on several times on the pretext of marriage. Subsequently, she became pregnant. However, the pregnancy got terminated after consuming the tablets. Thereafter, he took her to Dandeli and again committed sexual intercourse on her. After the incident, the appellant was avoiding her and he was not attending her phone calls and refused to take her calls. Consequently, she went to the house of the appellant to seek for justice. At that time, the victim was ill-treated and insulted by taking the name of her caste. Based on the complaint, the respondent No.1/Police registered a case in Crime No.142/2025, investigation is under progress. The matter is pending for final report. 3. Heard Sri.Patil Tippanagouda Revanagouda, learned counsel for the petitioner and Sri. Praveena Y. - 4 - HC-KAR NC: 2025:KHC-D:17831 CRL.A No. 100673 of 2025 Devareddiyavara, learned High Court Government Pleader for respondent No.1/State. 4. It is the submission of the learned counsel for the appellant that, the appellant is innocent of the alleged offences. No such incident had taken place at any point of time. In fact, the victim had expressed her willingness to marry the appellant. The appellant had advised her that, it is not possible to marry her as she belongs to different caste. 5. It is further submitted that as the victim was not being able to live without the company of the appellant, she filed a false case against the appellant in order to pressurise him for the marriage. Hence, the appellant may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the appellant prays to allow the appeal. 6. Per contra, the learned High Court Government Pleader for respondent No.1/State vehemently submitted that the victim had left her husband due to different of - 5 - HC-KAR NC: 2025:KHC-D:17831 CRL.A No. 100673 of 2025 opinion between them. She was staying along with her grand mother. The appellant being the friend of the maternal uncle of the victim, used to visit her house. 7. It is further stated that, the appellant had insisted her that he would marry her and also requested her to give consent. In the meantime, he had committed sexual intercourse and made her to become pregnant and thereafter, the said pregnancy has got terminated by administering the pills. Thereafter, he refused to marry her on account of that, she belongs to Schedule Caste. Therefore, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader for respondent No.1/State prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that, the incident of sexual intercourse on the victim had taken place from 01.01.2024 to 27.07.2025. However, a complaint came to be registered on 13.09.2025. - 6 - HC-KAR NC: 2025:KHC-D:17831 CRL.A No. 100673 of 2025 9. Having considered the delay in lodging the complaint, it is appropriate to grant him bail. Hence, I proceed to pass the following: ORDER (i) The appeal is allowed. (ii) The appellant is ordered to be enlarged on bail in Crime No.142/2025 of respondent No.1/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The appellant shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The appellant shall appear before the Trial Court on all hearing dates without fail. (c) The appellant shall not involve in any criminal cases till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:17831 CRL.A No. 100673 of 2025 In case, if the appellant violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 13