- 1 - NC: 2025:KHC-D:3906 CRL.A No. 100088 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100088 OF 2025 (U/S 14 A(2) of SC & ST ACT) BETWEEN: SRI. MANJUNATH, S/O. MALIYAPPA CHIKKAGOUDRU, AGE. 20 YEARS, OCC. LABOURER, R/O. VAJRABANDI VILLAGE-583231, TQ. YELBURGA, DIST. KOPPAL. …APPELLANT (BY SRI. NEELENDRA D.GUNDE AND SRI. HANUMESH M.DESAI, ADVOCATES) AND: 1. STATE OF KARNATAKA BY YELBURGA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SRI. NAGANAGOUDA S/O. LAKSHMANAGOUDA MALIPATIL, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. VAJARABANDI VILLAGE, TQ. YELBURGA, DIST. KOPPAL-583283. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL APPEAL IS FILED U/S 14A (2) OF THE SC AND ST (POA) ACT SEEKING TO SET ASIDE THE ORDER PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-1 KOPPAL IN SPL.SC. POCSO NO.24/2024 DATED 24.08.2024., IN CRIME NO.49/2024 OF YELBURGA P.S. FOR THE OFFENCES PUNISHABLE U/S. 363, 376(3) 342 AND SECTION 6 OF POCSO ACT AND SECTION 3(1)(w), 3(2)(va) OF SC/ST AMENDMENT ACT-2015, AND GRANT BAIL, IN SO FAR AS APPELLANT/ACCUSED NO.1 IS CONCERNED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:37 +0530 - 2 - NC: 2025:KHC-D:3906 CRL.A No. 100088 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL JUDGMENT The appellant/accused No.1, who is facing charges for the offences punishable under Sections 363, 376(3) of the Indian Penal Code, Section 6 of the Protection of Children from Sexual Offences Act, 2012, and Sections 3(1)(w), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the SC/ST Act’), has filed this appeal under Section 14A(2) of the SC/ST Act seeking regular bail. 2. The prosecution alleges that the survivor (examined as C.W.12) is below the age of 16 and belongs to the ‘Valmiki’ caste— a Scheduled Tribe—while the accused belongs to the ‘Kurabar’ community. Both the accused and the victim are residents of Vajrabandi Village in Yelburga Taluk and have been acquainted and infatuated with each other for three years. On 17.03.2024, at about 9:00 p.m., the accused called the survivor near the Primary Agricultural Co-operative Society and then kidnapped her on his motorcycle to Hosapete. On the way, near a hill station, the accused had sexual intercourse with the survivor; subsequently, he took her to Bengaluru and Mysore before returning to Hosapete by bus. - 3 - NC: 2025:KHC-D:3906 CRL.A No. 100088 of 2025 3. Heard the learned counsel for the appellants and the learned Additional Government Advocate for Respondent No.1 (State). 4. The Forensic Science Laboratory Report indicates that the possibility of sexual intercourse cannot be ruled out, and the final FSL report is pending. In the statement recorded under Section 164 of the Cr.P.C., the survivor categorically stated that she and the appellant/accused had been in love for the past three years. With the investigation now complete, the accused is not required to undergo further custodial interrogation. In these circumstances, the appellant has made out a prima facie case for bail. 5. Hence, I pass the following: ORDER i) Criminal Appeal is allowed. The order dated 24.08.2024 passed in Spl. SC.POCSO No.24/2024 by the Additional District and Sessions Judge, FTSC-I, Koppal, dismissing the bail application of the appellant/accused is set aside. ii) The appellant/accused No.1 is enlarged on bail in Crime No.49/2024 registered by the Yelburga Police Station, Yelburga Circle, Koppal, subject to the following conditions: (a) The appellant/accused No.1 shall furnish a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. - 4 - NC: 2025:KHC-D:3906 CRL.A No. 100088 of 2025 (b) He shall appear before the Court as and when required. (c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. (d) He shall not get involved in similar offences. (e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 62