- 1 - HC-KAR NC: 2025:KHC-D:7962 CRL.P No. 102096 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102096 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHIVAKUMARA NAYAK @ SHIVANNA NAIK R. M., S/O. MANYA NAIK, AGE: 35 YEARS, OCC: PVT. SERVICE, R/O. KUMARANAHALLI THANDA, HADAGALI, DIST. VIJAYANAGAR. …PETITIONER (BY SRI. R. H. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (HADAGALI POLICE STATION), R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SMT. KOTTRIBAL W/O. LATE HAMYA NAIK, AGE: 40 YEARS, OCC: COOLIE, R/O. KUMARANAHALLI THANDA, HADAGALI, DIST. VIJAYANAGAR. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SHRI AVINASH BANAKAR, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO ENLARGE PETITIONER/ACCUSED NO.1 ON BAIL IN A CASE REGISTERED BY HADAGALI POLICE STATION, AT THEIR PS CRIME NO. 66/2025, FOR THE ALLEGED OFFENCES PUNISHABLE U/S. 351(2), 49, 64(2)(m) OF BNS, 2023 AND U/S.4 AND 6 OF POCSO ACT, PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I (RAPE AND POCSO CASES) AT BALLARI BY ALLOWING THIS PETITION, TO MEET THE ENDS OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN IS AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7962 CRL.P No. 102096 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri R.H.Angadi, learned counsel for the petitioner, Smt.Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1 – State and Sri Avinash Banakar, learned counsel for respondent No.2. 2. This petition is filed by accused No.1 (petitioner herein) under Section 439 of the Code of Criminal Procedure, 1973 (“Crl.P.C.” for short) (Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) praying to grant bail in connection with Crime No.66/2025 of Hadagali Police Station, registered for the offences punishable under Sections 351 (2), 49, 64 (2) (m) of Bharatiya Nyaya Sanhita, 2023 (“BNS” for short) and under Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act” for short). 3. Brief facts of the case of the prosecution are as under: - 3 - HC-KAR NC: 2025:KHC-D:7962 CRL.P No. 102096 of 2025 On 01.05.2025, the first informant lodged a complaint alleging that since 2 and ½ years, prior to the institution of the complaint, the petitioner - accused No.1 insisting his minor daughter to perform marriage with him and also to insisting her to love with him. In the month of November, 2024 at about 10:00 p.m., the petitioner took the minor victim near Kannakali temple on Hadagali road, where he committed penetrative and aggravated sexual assault on the victim. Again in the month of December, 2024, nobody was in the house of first informant and minor victim was alone, hence, the petitioner again came to the house of the victim, where he committed penetrative and aggravated sexual assault on her. After coming to the knowledge of this fact, the first informant convened a panchayath, wherein accused No.1 denied for performing marriage with the victim. Therefore, the first informant lodged a complaint to respondent No.1 – Police. It leads to registration of FIR and investigation. 4. During the course of investigation, accused No.1 was arrested by the Investigating Officer and in turn, he was remanded to the judicial custody. - 4 - HC-KAR NC: 2025:KHC-D:7962 CRL.P No. 102096 of 2025 5. Sri R.H.Angadi, learned counsel for petitioner contended that the petitioner has been falsely implicated in the case. There was love affair between the petitioner and the victim, as accused No.1 refused for marriage proposal, this case has been registered against him. He is innocent of the alleged offence. He is ready to abide by the conditions to be imposed by this Court. Thus, he prayed to grant bail. 6. Learned High Court Government Pleader and learned counsel for respondent No.2 vehemently contended that there is prima facie case against the petitoner. The medical report clearly indicated that the hymen is ruptured and at the time of incident the victim girl was minor. The allegation made against accused No.1 is that, he has committed penetrative and aggravated sexual assault on her on four occasions. If accused No.1 is released on bail, he may tamper the prosecution witness and hamper the investigation. Hence, they prayed for dismissal of the petition. - 5 - HC-KAR NC: 2025:KHC-D:7962 CRL.P No. 102096 of 2025 7. The material available on record reveals that, the victim was minor at the time of commission of offence. As per the statement recorded under Section 164 of Cr.P.C., it appears that accused No.1 had repeatedly committed sexual assault on the victim for 3 to 4 occasions, knowing that the victim was minor girl. 8. The medical record reveals that the hymen of the victim was ruptured. Since the victim is minor, the question of consent would not arise in an allegation of penetrative and aggravated sexual assault under the POCSO Act. 9. Admittedly, the investigation is not completed and the Investigating Officer is yet to receive FSL report. If accused No.1 is released on bail, he may threaten the prosecution witnesses or hamper the investigation. At this juncture, there is prima facie material against the petitioner - accused No.1. 10. Considering the nature and gravity of the offences, position and status of the petitioner with reference to the victim and witnesses; likelihood of fleeing away from - 6 - HC-KAR NC: 2025:KHC-D:7962 CRL.P No. 102096 of 2025 justice or repeating the same offences by the petitioner, tampering with witnesses, this Court is of the opinion that, it is not a fit case to grant bail. The petitioner is at liberty to file similar petition and to seek bail, after receipt of charge sheet. Hence, I proceed to pass the following: ORDER The criminal petition is hereby rejected. NOTE. The observation made in this order is only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 24