- 1 - HC-KAR NC: 2025:KHC-D:8247 CRL.P No. 102174 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102174 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: RAMESH S/O. GALAPPA HOSAMANI, AGE: 43 YEARS, OCC: COOLIE, R/O. SAMBAPUR ROAD, SIDARTH NAGAR, GADAG, NOW RESIDING AT: SHIVASHANKAR NAGAR, OLD HUBBALLI, HUBBALLI-580024. …PETITIONER (BY MISS. RESHMA MADIWALAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY OLD HUBBALLI POLICE STATION, DHARWAD DISTRICT, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, AT: DHARWAD-580011. 2. SMT. ANNAPURNA W/O. ANIL HOSAMANI, AGE: 34 YEARS, OCC: HOUSEWIFE, R/O. SAMBHAPUR ROAD, SIDDARTH NAGAR, GADAG-582101. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/SOLE ACCUSED ON BAIL IN THE CRIME NO.249/2024 FOR OFFENCES U/S. 351(2), 351(3), 65(1) OF BNS AND SECTION 4 AND 6 OF THE POCSO ACT, 2012, ON THE FILE OF THE OLD HUBBALLI POLICE STATION, NOW PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS AND SPL. JUDGE, DHARWAD, IN SPL.SC. NO.15/2025, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8247 CRL.P No. 102174 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Smt.Reshma Madiwalar, learned counsel for the petitioner-accused and Smt.Kirtilata Patil, learned High Court Government Pleader for respondent-State. 2. The petitioner has filed this petition under Section 483 of BNSS-2023 (439 of Cr.P.C.) to enlarge him on bail in Crime No.249/2024 (Spl.C.No.15/2025 pending on the file of II Addl. District and Sessions Judge, Dharwad and Special Court for the offences under the POCSO Act and SC & ST (POA)Act.) of Old Hubballi Police Station, registered for the offences punishable under Sections 351(2), 351(3), 65(1) of BNS-2023 and Section 4 and 6 of the Protection of Children from Sexual Offences Act-2012. 3. Brief facts of the prosecution case are as under: The victim girl, aged about 14 years is none other than the daughter of the first informant and she is a - 3 - HC-KAR NC: 2025:KHC-D:8247 CRL.P No. 102174 of 2025 resident of Gadag. The Accused is none other than the paternal uncle (brother of the father of the victim) of the victim. On 24.09.2024, the victim had been to the house of her grandmother as her grandmother is unwell. At that time, accused asked her to stay in his house as her grand- mother’s house is too small. At that time, the accused under intoxication committed aggravated and penetrative sexual assault on the victim. Thus, she became pregnant. When the victim girl was tested by the medical officer, she was found to be pregnant. Therefore, the first informant lodged complaint, which leads registration of FIR and investigation. During the course of investigation, the petitioner was arrested by the respondent-Police and in turn, he was remanded to the judicial custody. Now, the investigating officer, after investigating the matter, has filed the charge sheet before the Special Court. 4. The learned counsel for the petitioner vehemently contended that the petitioner is innocent. He has not committed any offence as alleged by the - 4 - HC-KAR NC: 2025:KHC-D:8247 CRL.P No. 102174 of 2025 prosecution and he has been falsely implicated in the case and there is no material against the petitioner. In this case, DNA report is negative and as per the RFSL report, no seminal stains are detected. Now, the investigation is completed, and the Investigating Officer has already filed a charge sheet against the accused and there is no necessity of the petitioner to continue in judicial custody and the petitioner is ready to abide by the conditions imposed by this Court. Hence, prays to allow the petition. 5. Per contra, learned HCGP would contend that there is prima facie material against the petitioner. The statement of the victim recorded under Section 164 of Cr.P.C., she has categorically stated against the accused and the manner of aggravated and penetrative sexual assault made on her. The medical report clearly indicates that the hymen is ruptured. The victim is minor aged 14 years and the DNA report is not a conclusive proof. If the accused is released on bail, he would tamper the - 5 - HC-KAR NC: 2025:KHC-D:8247 CRL.P No. 102174 of 2025 prosecution witnesses and hamper the investigation and hence prays to dismiss the bail petition. 6. On perusal of the material available on record, it reveals that the victim was a minor at the time of commission of the offence. As per the statement of victim recorded under Section 164 of Cr.P.C., she has stated that the accused under intoxicated conditions, committed aggravated and penetrative sexual assault on her, when she visited the house of the accused, knowing fully well that, the victim was a minor girl. On perusal of the medical record, it reveals that the hymen of the victim girl is ruptured. 7. Now the petitioner is relying on the DNA report issued by the Scientific Officer, RFSL, Hubballi. According to which, the sample blood furnished is excluded from the blood of the biological father of the fetus. However, the DNA report does not falsify the entire case of prosecution as rightly submitted by the learned HCGP. In the instant - 6 - HC-KAR NC: 2025:KHC-D:8247 CRL.P No. 102174 of 2025 case, it is alleged that the victim girl is aged about 14 years and the medical officer has conducted PCR test. 8. The co-ordinate Bench of this Court in a reported judgment in Crl.P.No.6789/2022 in paragraph No.12 and in 2022 SCC OnLine KAR 1542 at paragraph- 14, clearly held that ‘the DNA report is not a conclusive proof’. The version of the victim as stated in the first information and also in her statement recorded under Section 164 of Cr.P.C., cannot be ignored in toto. However, now the material on record i.e. DNA report discloses that the petitioner is not the biological father of the fetus. To that extent, the contentions taken by the accused can be accepted at this stage. The petitioner is in judicial custody since 7 months i.e. from the date of arrest. The trial in the matter may take a considerable amount of time. The petitioner is a permanent resident of the address mentioned in the cause title of the petition and he is ready and willing to abide by the conditions imposed by this Court. Under these circumstances, the - 7 - HC-KAR NC: 2025:KHC-D:8247 CRL.P No. 102174 of 2025 petitioner may be enlarged on bail with stringent conditions. 9. Accordingly I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner-accused is ordered to be enlarged on bail in Crime No.249/2024 (Spl.C.No.15/2025 pending on the file of II Addl. District and Sessions Judge, Dharwad and Special Court for the offences under the POCSO Act and SC & ST (POA)Act.) of Old Hubballi Police Station, on the following conditions. (i) The petitioner-accused shall execute a personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not threaten or tamper the prosecution witnesses either directly or indirectly. - 8 - HC-KAR NC: 2025:KHC-D:8247 CRL.P No. 102174 of 2025 (iii) The petitioner shall attend the jurisdictional Court regularly and as and when required. (iv) The petitioner shall not involve in the similar offences. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. NOTE: The observations made in the petition is only for disposal of the petition. Sd/- (VENKATESH NAIK T) JUDGE HMB CT-AN List No.: 1 Sl No.: 42