- 1 - HC-KAR NC: 2025:KHC-D:9304 CRL.A No. 100143 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100143 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SHARATH @ MALATESH S/O DANKANACHARI KAMMAR, AGE: 24 YEARS, OCC: COOLIE, R/O: KARUR, TQ: RANEBENNUR, DIST: HAVERI-581 110. … APPELLANT (BY SRI. VIJAY M. MALALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH KUMARAPATNAM P.S., REP. BY SPP, HIGH COURT OF KARNATAKA, BENCH DHARWAD-580 011. 2. REKHA W/O BASAVRAJ BALAPPANNAVAR, AGE: 35 YEARS, OCC: COOLIE, R/O: NADIHARALAHALLI, TQ: RANEBENNUR, PRESENTLY RESIDING AT: AREMALLAPUR, TQ: RANEBENNUR, DIST: HAVERI-581 110. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC AND ST (POA) ACT, 1989, PRAYING TO SET ASIDE THE ORDER PASSED BY ADDL. DIST AND SESSION FTSC-1, HAVERI, DATED 22.01.2025 PASSED IN SPL. SC AND ST NO.44/2024 ARISING OUT OF KUMARPATANAM PS CRIME NO.43/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 363, 376(2)(N), 376(3) OF IPC AND UNDER SECTIONS 6, 8, 12 OF POCSO ACT AND SECTIONS 3(2)(VA), 3(1)(W)(1) OF SC AND ST ACT, AND GRANT REGULAR BAIL TO THE ACCUSED, IN THE ENDS OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.01 12:04:47 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9304 CRL.A No. 100143 of 2025 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Special SC and ST No.44 of 2024 pending before the Court of Additional District and Sessions Judge, FTSC-1, Haveri arising out of Crime No.43 of 2024 registered by Kumarpatanam Police Station, Haveri for the offences punishable under Sections 363, 376(2)(n), 376(3) of Indian Penal Code, Sections 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Sections 3(2)(va), 3(1)(w)(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 is before this Court under Section 14A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 seeking regular bail. 2. Heard learned counsel for the appellant and the learned HCGP for respondent No.1. Respondent No.2 is served in the matter and has remained un-represented. - 3 - HC-KAR NC: 2025:KHC-D:9304 CRL.A No. 100143 of 2025 3. FIR in Crime No.43 of 2024 was registered by Kumarpatanam Police Station for the aforesaid offences against the appellant herein based on the first information dated 05.06.2024 received from respondent No.2, who is the mother of the victim girl. During the course of investigation, appellant was arrested on 05.06.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the appellant for the aforesaid offences. His bail application filed before the trial Court in Special SC and ST No.44 of 2024 was dismissed on 22.01.2025. Therefore, he is before this Court in this appeal. 4. Learned counsel for the appellant having reiterated the grounds urged in the appeal memorandum has prayed to allow the appeal. 5. Per contra, learned HCGP submits that the victim girl is a minor and therefore the alleged offences get attracted against the appellant. - 4 - HC-KAR NC: 2025:KHC-D:9304 CRL.A No. 100143 of 2025 6. First information was submitted by the mother of the victim girl on 05.06.2024 allegedly based on the information given to her by the victim girl, who was found missing from their house. During the course of investigation, appellant was arrested on 05.06.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. Statement of the victim girl under Section 164 of Cr.P.C. was recorded by the Jurisdictional Magistrate on 19.06.2024. Victim girl was aged about 16 years has stated that she and the appellant are acquainted to each other and they are in love with each other for the last about 2 years. She has stated that she had accompanied the appellant for the purpose of purchasing clothes and they had stayed together. Subsequently, she had returned home. She has not made any allegation against the appellant about he committing any kind of sexual assault on her, while she was with him. Appellant who has no other criminal - 5 - HC-KAR NC: 2025:KHC-D:9304 CRL.A No. 100143 of 2025 antecedents is in custody for the last more than 1 year. The trial in the case is yet to commence. 7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer sought by the appellant is to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Appeal is allowed. ii. The order dated 22.01.2025 passed by the Additional District and Sessions Judge, FTSC-1, Haveri in Special SC and ST No.44 of 2024 is hereby set aside and the appellant is directed to be enlarged on bail, subject to the following conditions: a. The appellant shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC-D:9304 CRL.A No. 100143 of 2025 b. The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c. The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The appellant shall not involve in similar offences in future. e. The appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 12