- 1 - HC-KAR NC: 2025:KHC-D:7304 CRL.P No. 101828 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101828 OF 2025 (439 OF Cr.PC)/483 OF BNSS) BETWEEN: REVANSIDDAPPA S/O. SANGAPPA KUBASAD, AGE: 43 YEARS, OCC: EMPLOYED IN PVT. COMPANY, R/AT. S. M. KRISHNA NAGAR, DIST. GADAG-582101. …PETITIONER (BY SHRI GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, GADAG WOMEN POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA , DHARWAD BENCH, DHARWAD-580001. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SHRI PRASHANT S. KADADEVAR, ADV. ASSISTING HCGP; THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/SEC.483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL AS ATTACHED IN GADAG WOMAN POLICE STATION CRIME NO.10/2024 PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AT GADAG IN S.C.NO.94/2024 FOR THE OFFENCE PUNISHABLE U/S.376(2) (F) (N) AND 417 OF IPC IN THE INTEREST OF JUSTICE. 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:7304 CRL.P No. 101828 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 – State and Sri Prashant S. Kadadevar learned assisting counsel. 2. This petition is filed by the accused under Section 439 of Criminal Procedure Code, 1973 (“Cr.P.C.” for short) for granting of bail in S.C.No.94/2024 pending on the file of learned Principal District and Sessions Judge, Gadag, arising out of Crime No.10/2024 of Gadag Women Police Station registered for the offence punishable under section 376(2)(f)(n) and 417 of the Indian Penal Code, 1860. 3. Brief facts of the case of the prosecution are that: The accused is none other than the paternal uncle of the victim. There was living-in-relationship between the accused and the victim and out of the said relationship, a child by name Akshay was born on 07.05.2019. Even after birth of Akshay, the accused repeatedly made sexual assault on - 3 - HC-KAR NC: 2025:KHC-D:7304 CRL.P No. 101828 of 2025 victim. Hence, she lodged the complaint on 25.06.2024 against the accused. Thus, the case has been registered. The Investigating Officer after conducting the investigation, filed charge sheet against the accused. 4. Learned counsel for the petitioner has contended that the petitioner is an innocent person and he is falsely implicated in the case. There is a property dispute between the victim and the accused. The victim is involved in a murder case. The petitioner hails from a respectable family and he would abide by the conditions that may be imposed by this Court. 5. Per contra, Learned High Court Government Pleader filed Statement of objections and contended that, there is a prima facie allegations against the petitioner and he was involved in the offence. The DNA report clearly indicates that a child by name Akahay born to accused and victim on 07.05.2019. There is continuation of sexual harassment being made by the accused. If the accused is released on bail, he may tamper the witnesses and may - 4 - HC-KAR NC: 2025:KHC-D:7304 CRL.P No. 101828 of 2025 hamper the trial. Hence, she prayed for dismissal of the petition. 6. The charge sheet reveals that the victim is none other than the daughter of brother of the accused i.e., her paternal uncle. He developed illicit relationship with victim on the premise that the husband of victim is drunker. Thus, taking undue advantage of the situation, he repeatedly committed sexual assault on the victim knowing that she is the daughter of his own brother. 7. A perusal of the medical records and DNA Report reveal that, in the year 2018, the accused committed sexual assault on the victim. Thus, the victim gave birth to a child by name Akshay on 07.05.2019. The DNA report also corroborates the same. It shows that, there is prima facie allegation against the petitioner and he is involved in the case. 8. Learned counsel for the petitioner though relied upon several judgments however all the judgments are not aptly applicable to the case in hand. Since those judgments - 5 - HC-KAR NC: 2025:KHC-D:7304 CRL.P No. 101828 of 2025 were rendered on the premise that there was a promise to marriage. Whereas, in the present case, the accused is none other than the paternal uncle of the victim, which prohibited degree of relationship and he made sexual assault on her and he continuously harassing her sexually. Thus, there is no merit in the petition. Accordingly, criminal petition is dismissed. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 15