- 1 - HC-KAR NC: 2025:KHC-D:7770 CRL.P No. 102070 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102070 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI NAGARAJ S/O. KALLANAGOUDA GOUDAR, AGE 24 YEARS, OCC: AGRICULTURE, R/O. NELLUR PYATI, TQ. GAJENDRAGAD, DIST GADAG, PIN-58221. …PETITIONER (BY SRI. TIPPANAGOUDA REVANAGOUDA PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, GAJENDRAGAD P.S. R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH DHARWAD, PIN-580011. 2. KANAKAPPA S/O.YAMANOORAPPPA MADIWALAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. NELLUR PYATI, TQ. GAJENDRAGAD, DIST. GADAG, PIN-582211. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE TO R2 SERVED) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO RELEASE HOM ON BAIL IN S.C. NO.51/2025 (ARISING OUT OF GAJENDRAGAD POLICE CRIME NO.35/2025 PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE GADAG FOR THE OFFENCES PUNISHABLE U/S.78, 64(2)(m) OF BNS-2023 AND U/S.4 AND 6 OF THE POCSO ACT 2012, IN THE INTEREST OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7770 CRL.P No. 102070 of 2025 THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THERIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. Tippanagouda Revanagouda Patil, learned counsel for the petitioner and Smt. Kirthilata Patil, learned High Court Government Pleader for respondent No.1 – State. 2. The petitioner/accused has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in S.C.No.51/2025, pending on the file of learned Additional District and Sessions Judge, Gadag in connection with Gajendragad P.S. Crime No.0035/2025. 3. Brief facts of the prosecution case is as under; The victim girl aged about 16 years is none other than the daughter of first informant and she is resident of Nellur-Pyati, Tq:Gajendragad. Accused No.1 also hails - 3 - HC-KAR NC: 2025:KHC-D:7770 CRL.P No. 102070 of 2025 from same village, followed and induced the victim girl to love him. On 05.11.2024 at 01:00 p.m, accused committed penetrative and aggravated sexual assault on her. Thereafter, the accused repeatedly committed sexual assault on the victim girl and on 11.03.2025. When the victim girl was tested by the Medical Officer, she was found to be four months pregnant. Hence, the first informant lodged complaint, which led to registration of FIR and initiation of investigation. The statement of victim was recorded. 4. During the course of investigation, the petitioner/accused was arrested and remanded to judicial custody. After completion of investigation, the Investigating Officer filed the charge-sheet against the accused for the offences punishable under Sections 78, 64 (2) (m) of Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of Protection Of Children From Sexual Offences Act, 2012. - 4 - HC-KAR NC: 2025:KHC-D:7770 CRL.P No. 102070 of 2025 5. Learned counsel for the petitioner vehemently contended that petitioner is falsely implicated in the case; there is no direct or indirect circumstantial evidence against him; he has not committed any offence, he is innocent of the offences alleged. In this case, the DNA report is negative and as per the RFSL report, no seminal stains were detected. Hence, prayed for grant of bail. 6. Per contra, learned High Court Government Pleader contended that there is a prima-facie case against accused. The medical report clearly indicates that hymen is ruptured. The victim is minor aged about 16 years 06 months and DNA report is not a conclusive proof. If accused is released on bail, he may tamper prosecution witnesses and hamper the trial. Hence, prayed for dismissal of the petition. 7. The records reveal that the victim was minor at the time of commission of offence. As per the statement of victim recorded under Section 164 of Cr.P.C., it appears - 5 - HC-KAR NC: 2025:KHC-D:7770 CRL.P No. 102070 of 2025 that accused had repeatedly committed penetrative and aggravated sexual assault on victim knowing that victim is a minor. A perusal of medical records, it reveals that hymen of victim is ruptured. 8. In the instant case, it is alleged that the victim girl is aged about 16 years 06 months and the Medical Officer conducted Polymerase Chain Reaction (PCR). However, DNA report is made available, which clearly discloses that the petitioner is not the biological father of foetus, which falsifies the contention of the prosecution. The petitioner/accused is in judicial custody since the date of his arrest and he is the permanent resident of the address mentioned in the cause title of the petition and he is ready and willing to abide by any of the conditions to be imposed by this Court. 9. Now the petitioner is relying on DNA report issued by the Scientific Officer, RFSL, Hubballi. According to which, the sample blood furnished is ‘excluded from being the biological father of foetus’. However, the said - 6 - HC-KAR NC: 2025:KHC-D:7770 CRL.P No. 102070 of 2025 DNA report will not falsify the entire case of the prosecution as rightly submitted by learned HCGP. 10. The Co-ordinate Bench of this Court in a reported judgment 2022 SCC OnLine Kar 1542, at paragraph No.4, held that ‘DNA report is not a conclusive proof’. The version of the victim as stated in the first information and also in her statement recorded under Section 164 of Cr.P.C, cannot be ignored in toto. However, now the material on record i.e., DNA report discloses that the petitioner is not the biological father of the foetus. To that extent, the contention taken by the accused can be accepted at this stage. Admittedly, the petitioner is in judicial custody since 13.03.2025. The trial in the matter may take a considerable amount of time. Under these circumstances, the petitioner may be enlarged on bail. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 439 of Cr.P.C., is allowed. - 7 - HC-KAR NC: 2025:KHC-D:7770 CRL.P No. 102070 of 2025 The petitioner/accused is ordered to be enlarged on bail in S.C.No.51/2025 (arising out of Gajendragad P.S. Crime No.35/2025), on the file of learned Additional District and Sessions Judge, Gadag, on he executing personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of learned Sessions Judge, subject to the following conditions: i) The petitioner shall not threaten or tamper the prosecution witnesses either directly or indirectly; ii) The petitioner shall not indulge in similar or any other offences. iii) The petitioner shall appear before the Court on all the dates of hearing without fail and as and when required; iv) Violation of any of these conditions stated above, prosecution is at liberty to approach before the trial Court seeking cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 41