- 1 - HC-KAR NC: 2025:KHC-D:11097 CRL.P No. 102840 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102840 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MR. NAGARAJ @ NAGESH S/O MARIYAPPA PUJAR, AGE. 30 YEARS, OCC. DRIVER, R/O. BADIMANAL VILLAGE-583 232, TQ. KUSHTAGI, DIST. KOPPAL. … PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY HANUMASAGAR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SMT. BHIMAVVA W/O BHIMAPPA HANAKUNTI, AGE. 35 YEARS, OCC. AGRICULTURE, R/O. BADAMINAL VILLAGE-583 231, TQ. KUSHTAGI, DIST. KOPPAL. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SMT. SHIIVELEELA ARAHUNASI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.1 IN CRIME NO.155/2024 REGISTERED WITH HANUMASAGARA PS AND PENDING BEFORE PRL. DISTRICT AND SESSIONS JUDGE-FTSC-1 AT KOPPAL IN SPC. SC.POCSO NO.1/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 78, 65(1), 70(2), 108 OF BNS, SECTION 4(2) AND 5(1)(J)(II) R/W 6 OF POCSO ACT- 2012, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11097 CRL.P No. 102840 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused no.1 in Spl.SC.No.1/2025 pending before the Court of Addl. District & Sessions Judge, FTSC-1, Koppal, arising out of Crime No.155/2024 registered by Hanumasagara Police Station, Koppal District, for the offences punishable under Sections 78, 65(1), 70(2), 108 of BNS, 2023, and Sections 4(2) & 5(1)(j)(ii) read with 6 of the POCSO Act, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.155/2024 was registered by Hanumasagara Police Station, Koppal District, initially for the offences punishable under Sections 65(1), 70(2), 78 of BNS, 2023, and Sections 17, 4, 5(J)(ii) & 6 of the POCSO Act, against the petitioner and another based on the first information dated 26.11.2024 received from respondent no.2 who is the mother of - 3 - HC-KAR NC: 2025:KHC-D:11097 CRL.P No. 102840 of 2025 the victim girl aged about 15 years 10 months. During the course of investigation, accused nos.1 & 2 were arrested on 26.11.2024, and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against them for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in Spl.SC.No.1/2025 was rejected on 12.03.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the allegation against accused nos.1 & 2 in the first information as well as in the charge sheet are similar. Accused nos.1 & 2 had committed aggravated penetrative sexual assault on the victim girl on 24.08.2025 and on 31.08.2025, and as a result, the victim girl who was studying in 9th Standard got pregnant. When the same was disclosed by the victim girl to accused nos.1 & 2 on 23.11.2025, they allegedly asked her to commit suicide in order to protect the reputation of her family and also to avoid registration of any criminal case against them. 5. It appears that consequent to such an abetment by the petitioners, on the same day i.e., on 23.11.2025 at about 6.00 - 4 - HC-KAR NC: 2025:KHC-D:11097 CRL.P No. 102840 of 2025 p.m., the victim girl had consumed poison. Immediately thereafter, she was shifted to a Government Hospital, but she died in the hospital on 01.12.2024. While she was admitted in the hospital, the doctor who had medical examined her had confirmed that the victim was pregnant and on inquiry, the victim had disclosed that accused nos.1 & 2 were the reason for her pregnancy. When she was admitted in the hospital, her mother had approached the police on 26.11.2024 and based on her first information, FIR was registered against accused nos.1 & 2 who were arrested on the same day. After the victim girl died on 01.12.2025, the offence punishable under Section 108 of BNS, 2023, was invoked against accused nos.1 & 2. 6. The bail application filed by accused no.2 before this Court in Crl.P.No.102145/2025 has been rejected by this Court by order dated 14.07.2025. The allegation against accused nos.1 & 2 in the first information as well as in the charge sheet are similar and since the bail application of accused no.2 has been already rejected by this Court in Crl.P.No.102145/2025, there is no reason to entertain this petition filed by accused no.1 as - 5 - HC-KAR NC: 2025:KHC-D:11097 CRL.P No. 102840 of 2025 against whom similar allegations are found in the charge sheet. Accordingly, petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 23