- 1 - HC-KAR NC: 2025:KHC-D:14111 CRL.P No. 103662 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.103662 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: RAGHAVENDRA S/O. HANUMANTHAPPA KADAGATTI, AGE. 26 YEARS, OCC. LABOURER, R/O. INDARAGI VILLAGE, TQ. KOPPAL, DIST. KOPPAL-583231. …PETITIONER (BY SRI H.N. GULARADDI, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA, THROUGH MUNIRABAD POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT DHARWAD-580001. 2. SMT. HANUMAVVA W/O. HANUMANTAPPA HARIJAN, AGE. 40 YEARS, OCC. LABOURER, R/O. INDARGI VILLAGE, 4TH WARD, TQ. KOPPAL, DIST. KOPPAL-583231. …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:14111 CRL.P No. 103662 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN S.C.NO.13/2025, PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1, AT KOPPAL (MUNIRABAD P.S. CRIME NO.28/2025), REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 65(1) OF BHARATIYA NYAYA SANHITA, 2023 AND 5(J)(II) READ WITH SECTION 6 OF THE POCSO ACT 2012, SECTION 3(1)(W), 3(2)(V) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner, who is the sole accused in Crime No.28/2025 of the respondent police, pending before the Additional District and Sessions Judge, FTSC-1, Koppal, in S.C.No.13/2025, registered for the offences punishable under section 65(1) of Bharatiya Nyaya Sanhita, 2023 and Section 5(j)(ii) read with Section 6 of POCSO Act, 2012 and Section 3(1)(w), 3(2)(v) of Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act, 1989, is before this Court seeking for grant of regular bail. - 3 - HC-KAR NC: 2025:KHC-D:14111 CRL.P No. 103662 of 2025 2. The case of the prosecution is that, on 09.02.2025 one Hanumavva W/o. Hanumanthappa Harijan had lodged a complaint before the respondent police against the accused stating that, the complainant had married Hanumanthappa Harijana. After marriage, she gave birth to a girl child namely Srushti, who is now aged about 14 years. As there was a dispute between herself and her husband, her husband left the house without informing her and went away. Thereafter, she was residing along with her brother in her parents’ house. 3. On 25.01.2025, when herself and her brothers were staying at home, she noticed that her daughter Srushti was unhappy. On enquiry, she disclosed the fact that the appellant on the pretext of marriage is stated to have committed sexual assault on her. Therefore, she lodged a complaint before the respondent police. The respondent police registered a case in Crime No.28/2025 for the offences stated supra and after completing the investigation, submitted the charge-sheet. - 4 - HC-KAR NC: 2025:KHC-D:14111 CRL.P No. 103662 of 2025 4. Heard Sri H.N.Gularaddi, learned counsel for the petitioner and Sri Jairam Siddi, learned HCGP for respondent No.1 State and perused the material placed before the Court. 5. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences and has been falsely implicated in this case. The alleged pregnancy was diagnosed after 25 weeks. 6. It is further submitted that the incident had occurred on 17.07.2024 and the complaint came to be filed after lapse of six months i.e., on 09.02.2025. The said delay has not been explained. There is a contradiction in the statement recorded under Section 161 and 164 of Code of Criminal Procedure. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays for allowing the petition. - 5 - HC-KAR NC: 2025:KHC-D:14111 CRL.P No. 103662 of 2025 7. Per Contra, the learned HCGP appearing for the respondent State vehemently submitted that, admittedly, the victim was a minor as on the date of the incident. It is established that he had committed sexual assault on her, as a result, she became pregnant. At this Stage, if, the petitioner/accused is released on bail, there is a chance of tampering the prosecution witnesses. Therefore, it is not appropriate to grant bail. Making such submissions, learned HCGP prays for rejection of the petition. 8. Having heard the learned counsels for the respective parties and also perused the averments of the complaint, it appears from the records that, no doubt, the victim girl was born on 15.05.2010 and though the incident had occurred much earlier and disclosed on 09.02.2025, as on the date of the alleged incident she was aged about 14 years 08 months and 24 days and the complaint was lodged on 09.02.2025. The way in which she was kept the said incident secret, would create doubt. - 6 - HC-KAR NC: 2025:KHC-D:14111 CRL.P No. 103662 of 2025 9. It is the submission of learned counsel for the petitioner that, though the matter is listed for evidence of the victim, the victim remained absent on several occasions and not able to come forward to lead her evidence. As a result of which, the trial is getting delayed. Having considered the said submission and also perused the averments of the petition, it appears that the victim is not appearing before the Trial Court for leading evidence. 10. Having considered the same, without adverting to the merits of the case, it is appropriate to direct the Trial Court to secure the presence of the victim to record her evidence, within a time frame. Hence, I proceed to pass the following: ORDER i) The Criminal Petition is disposed of with a direction to the Trial Court that the Trial Court shall secure the presence of the victim to record her evidence, within a - 7 - HC-KAR NC: 2025:KHC-D:14111 CRL.P No. 103662 of 2025 period of two months from the date of receipt of a copy of this order. ii) The petitioner is at liberty to move for bail, thereafter. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 24