- 1 - HC-KAR NC: 2025:KHC-D:14125 CRL.P No. 103928 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103928 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. LOHIT S/O. BASAVARAJA MADAR @ DODAMANI, AGE. 25 YEARS, OCCUPATION. COOLIE, R/O. MANGUNDI VILLAGE, TQ. AND DIST. DHARWAD PIN-580007. …PETITIONER (BY SRI. T.R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DHARWAD MAHILA P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, DHARWAD PIN-580011. 2. YALLAVVA W/O. GANESH MADAR, AGE. 47 YEARS, OCCUPATION. HOUSE WIFE, R/O. MANGUNDI VILLAGE, TQ. AND DIST. DHARWAD PIN-580007. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14125 CRL.P No. 103928 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO RELEASE THE PETITIONER/ACCUSED ON BAIL IN SPL. SC NO.68/2025 (ARISING OUT OF DHARWAD MAHILA POLICE CRIME NO.11/2025 PENDING ON THE FILE OF THE II- ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE, DHARWAD FOR THE OFFENCES PUNISHABLE UNDER SECTION 64 OF BNS-2023 AND UNDER SECTION 6 OF THE POCSO ACT, 2012, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner is before this Court seeking regular bail in Spl.SC No.68/2025 pending on the file of II-Additional District and Sessions Judge, Dharwad and Special Court for Trial of the Offences under the POCSO Act and SC and ST (POA) Act for the offences punishable under Section 64 of - 3 - HC-KAR NC: 2025:KHC-D:14125 CRL.P No. 103928 of 2025 Bharatiya Nyaya Sanhita, 20231 and Section 6 of the Protection of Children from Sexual Offences Act, 20122. 2. The factual matrix of the case; On 17.07.2025 Smt.Yallavva W/o. Ganesh Madar aged about 47 years filed a complaint before the respondent/Police stating that, the petitioner is the relative of the victim and the victim is the daughter of the complainant. The victim was studying in 10th standard as on the date of the incident. On 17.07.2025 the victim was suffering from stomach pain, she was taken to District Hospital, Dharwad, for medical examination. The Doctor had conducted examination and declared that she was pregnant of two months. Suddenly, they were unhappy and enquired about the incident with the victim. Initially, she did not disclose anything about the incident, thereafter, on the same day evening she disclosed the fact that, the petitioner had committed sexual assault on the victim on several 1 For short ‘BNS, 2023’ 2 For short ‘POCSO Act’ - 4 - HC-KAR NC: 2025:KHC-D:14125 CRL.P No. 103928 of 2025 occasions on the pretext that he would marry her. Hence, a complaint was lodged against the petitioner. The respondent/Police after conducting the investigation submitted the charge-sheet. 3. It is the submission of the learned counsel for the petitioner that, the petitioner is none other than the maternal uncle of the victim. The elders of the family have decided to perform the marriage of the victim with the petitioner after attaining the majority. 4. It is further submitted that there is a delay in lodging the complaint. The petitioner is aged about 25 years and he is the permanent resident of Mangundi village and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader vehemently submitted that the victim is aged about 15 years 4 months as on the date of alleged incident. The - 5 - HC-KAR NC: 2025:KHC-D:14125 CRL.P No. 103928 of 2025 petitioner has promised that he would marry her and committed sexual assault on several occasions. Therefore, it was diagnosed that the victim was pregnant. Further, the DNA test also indicated that the petitioner is the biological father of the fetus, therefore, it is not appropriate to grant bail. Accordingly, he prays to reject the petition. 6. Having heard the learned counsel for the respective parties and also perused the documents and statements available on record. Though, it appears that the petitioner had committed sexual assault on the victim when she was minor and made her to suffer with pregnancy, the fact remain that, today she is before this Court and she submitted that her family members have decided to perform the marriage with the petitioner and requested to enlarge the petitioner on bail. 7. She further disclosed that she was not willing to lodge a complaint, however her statement was given at the instance of Sakhi Centre. Having considered her statement - 6 - HC-KAR NC: 2025:KHC-D:14125 CRL.P No. 103928 of 2025 and also the facts and circumstances of the case, it is appropriate to grant bail by imposing suitable conditions. 8. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.11/2025 of Dharwad Women Police Station by executing a personal bond of ₹1,00,000/- [Rupees One Lakh only] with one surety for the likesum to the satisfaction of the Trial Court. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 26