- 1 - HC-KAR NC: 2025:KHC-D:12808 CRL.P No. 103451 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103451 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. VISHWANATH S/O GANAPATI HEGDE, AGED 45 YEARS, OCC. AGRICULTURIST AND DRIVER, R/O. SABHAHITHARA MANE, MATTIGHATTA, MUNDAGANMANE, SIRSI, U.K.-581 401. … PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (SIRSI RURAL POLICE STATION), R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. RAMYA W/O DINESHA HEGDE, AGE. 43 YEARS, OCC. COOK, R/O. MULETOTHA, MATTIGATTA, MUNDAGANMANE, SIRSI, U.K.-581 401. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. R.M. JAVED, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON BAIL, WHO IS ARRAYED AS ACCUSED IN SIRISI RURAL P.S. CRIME NO.64/2025, PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE-FTSC-1, U.K. KARWAR (SPECIAL COURT FOR TRIAL OF CASES FILED UNDER POCSO ACT), PENDING IN SPL. CASE NO.75/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(A), 4, 7 AND 8 OF POCSO ACT, 2012 AND SECTION 64(1), 65(1), 75(1)(I)(II) (2), 351 OF BNS, TO MEET THE ENDS OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12808 CRL.P No. 103451 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 in Spl.C.No.75/2025 pending before the Court of Additional District and Sessions Judge-FTSC-1, Uttarakannada, Karwar arising out of Crime No.64/2025 registered by Sirsi Rural Police Station, for the offences punishable under Sections 3(s), 4, 7 and 8 of POCSO Act, 2012 and Section 64(1), 65(1), 75(1)i)(ii)(2), 351 of BNS, 2023, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.64/2021 was registered by Sirsi Rural police station, for the aforesaid offences against the petitioner based on the first information dated 07.05.2025 received from respondent No.2 who is the mother of the victim girl. During the course of investigation, petitioner - 3 - HC-KAR NC: 2025:KHC-D:12808 CRL.P No. 103451 of 2025 was arrested on 12.05.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court in Spl.C.No.75 of 2025 was rejected on 04.08.2025. Therefore, he is before this Court. 4. In the first information which is filed by the mother of the victim girl on 07.05.2025, it is stated that petitioner is acquainted to their family and he used to visit their house very often. On 30.04.2025, husband of the first informant and her minor daughter who is the alleged victim in the present case were at home. First informant had gone to Kumata on work. On 04.05.2025, she returned home from Kumata and found that her minor daughter was looking dull. When she enquired with her, she allegedly informed her that on 30.04.2025 at about 08.30 p.m., petitioner came to their house and was speaking to her father at about 10.00 p.m. When he was about to leave the house, he allegedly called the victim girl outside the house - 4 - HC-KAR NC: 2025:KHC-D:12808 CRL.P No. 103451 of 2025 and informed her that he was aware about her love affair and he will take care that nobody speaks about the same in their village. He thereafter took her inside the bathroom on the pretext of cleaning his hand and inside the bathroom he caught hold of her and after removing her pant, tried to insert his private part into her private part. Thereafter, he ejaculated in front of her and threatened her with dire consequences to her life if she informs about the same to anybody, it is under these circumstances mother of the victim girl had approached the police on 07.05.2025. 5. The victim girl was subjected to medical examination immediately after the FIR was registered against the petitioner. Medical examination report of the victim girl would go to show that she and her mother had refused consent for sample collection for forensic examination. Before the doctor who had medically examined the victim girl, the history of the offence as stated in the first information has been reiterated. In addition to the same, it was also mentioned before the - 5 - HC-KAR NC: 2025:KHC-D:12808 CRL.P No. 103451 of 2025 doctor that with regard to the alleged incident that had taken place on 30.04.2025, victim girl had informed about the same to her friend on 01.05.2025. Thereafter, she also had informed her friend's father about the same on 04.05.2025. Subsequently, her friend's father had informed about the same to her mother on 04.05.2025 and thereafter they had gone to the police station on 06.05.2025 and were brought to the hospital on 07.05.2025. 6. Police during the course of investigation have not recorded the statement of the friend to whom the victim girl had informed about the incident on 01.05.2025. The statement of the victim girl’s friend’s father to whom the victim girl had informed about the incident on 04.05.2020, who in turn had informed her mother about the same, is also not recorded by the police during the course of investigation. On the other hand, the first informant has stated that on 04.05.2025, her minor daughter who is the alleged victim in the present case, had informed her about the incident. According to the medical records, the victim - 6 - HC-KAR NC: 2025:KHC-D:12808 CRL.P No. 103451 of 2025 and her mother had visited the police on 06.05.2025 itself. However, the first information is registered in the present case only on 07.05.2025. In view of the aforesaid inconsistencies in the case of the prosecution, the delay in approaching the police becomes very crucial in the present case. 7. In the first information, as well as in the charge sheet, the allegation against the petitioner is that he attempted to commit penetrative sexual assault on the victim girl. Section 18 of the POCSO Act provides for punishment for attempting to commit an offence. Whoever attempts to commit any offence punishable under the POCSO Act or does any act towards the commission of the offence, shall be punished with imprisonment for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with fine or with both. Even if the allegations made against the petitioner is presumed to be true, the maximum punishment for the act - 7 - HC-KAR NC: 2025:KHC-D:12808 CRL.P No. 103451 of 2025 committed by him would be one-half of the punishment provided for offence punishable under Section 4(2) of the POCSO Act, 2012. 8. According to the learned counsel for the petitioner, since the petitioner had informed about the love affair of the victim girl to her father on 30.04.2025, he has been falsely implicated in the present case. Petitioner is a married man and his daughter and the victim girl are said to be classmates. Investigation of the case is completed and charge sheet is already filed. Victim’s father was very much present in the house on 30.04.2025, when the alleged wincident had taken place. The victim had not raised any cry, nor had she informed her father about the act committed by the petitioner. Petitioner is said to be the sole breadwinner of his family. Undisputedly, he has no other criminal antecedents. The trial in the case is yet to commence. Under the circumstances, I am of the view that without expressing any opinion on the merit and demerit of - 8 - HC-KAR NC: 2025:KHC-D:12808 CRL.P No. 103451 of 2025 the case, his prayer for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Spl.C.No.75/2025 pending before the Court of Additional District and Sessions Judge-FTSC-1, Uttarakannada, Karwar arising out of Crime No.64/2025 registered by Sirsi Rural Police Station, for the offences punishable under Sections 3(s), 4, 7 and 8 of POCSO Act, 2012 and Section 64(1), 65(1), 75(1)i)(ii)(2), 351 of BNS 2023, subject to the following conditions: 1. The petitioner 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; 2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 9 - HC-KAR NC: 2025:KHC-D:12808 CRL.P No. 103451 of 2025 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future; 5. The petitioner 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 VMB, KGK CT:BCK LIST NO.: 1 SL NO.: 21