- 1 - HC-KAR NC: 2025:KHC-D:13987 CRL.P No. 103878 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103878 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRISHAIL @ SHRISHAILAPPA, S/O. KOTRAPPA MADNUR, AGE. 25 YEARS, OCC. AGRICULTURE, R/O. LAKKUNDI, DIST. GADAG-582115. …PETITIONER (BY SRI. H.N. GULARADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH GADAG RURAL POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011. 2. PUSHPA W/O. RUDRAYYA NARAGUNAMATH, AGE. 38 YEARS, OCC. HOUSEWIFE, R/O. LAKKUNDI, DIST. GADAG-582115. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13987 CRL.P No. 103878 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ALLOW THE PETITION AND GRANT REGULAR BAIL AND ENLARGE THE PETITIONER ON REGULAR BAIL IN GADAG RURAL P.S. CRIME NO.98/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(2)(M), 65(1), 351(2) OF BNSS., 2023 AND SECTION 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 IN SC (POCSO) NO.63/2025 PENDING ON ADDL. DISTRICT AND SESSIONS JUDGE, GADAG, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking the relief of grant of bail in Crime No.98/2025 of Gadag Rural Police Station for the offences punishable under Sections 64(2)(m), 65(1), 351(2) of Bhartiya Nyaya Sanhita, 20231 1 For short, ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:13987 CRL.P No. 103878 of 2025 and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 20122. 2. The case of the prosecution is that the complainant is the mother of the victim. She states that, the petitioner was working as a mason and he was constructing the house in front of the house of the victim. During his stay as a mason in the said house, he got acquainted with the victim and proposed her for love. On 05.11.2024 he stated to have committed sexual assault on her by taking her to the under construction house. Thereafter, he had committed sexual assault on her on 4 to 5 times in the said house. Consequently, the victim diagnosed as pregnant. When the mother of the victim asked her about the pregnancy, she revealed the name of the petitioner. Thereafter, a complaint came to be registered against him. The respondent-police after registering the case, conducted investigation and submitted the charge sheet. 2 For short, ‘POCSO Act’ - 4 - HC-KAR NC: 2025:KHC-D:13987 CRL.P No. 103878 of 2025 3. Heard Sri. H. N. Gulareddi, learned counsel for the petitioner and Sri. Jairam Siddi, learned counsel for respondent No.1-State. 4. It is the submission of learned counsel for the petitioner that the petitioner has been implicated in a false case and he has not committed any offences as alleged in the said complaint. There is a delay in lodging the complaint. Moreover, the petitioner is disputed the DNA test conducted by the authority. 5. It is further submitted that he is aged about 25 years and working as agriculturist and permanent resident of Lakkundi, Gadag District. Hence, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently submitted that, the victim was aged about 14 years as on the date of incident. The petitioner was working in the opposite house where the said house was being constructed. He induced the victim, who was residing opposite to the said house and took her to the - 5 - HC-KAR NC: 2025:KHC-D:13987 CRL.P No. 103878 of 2025 under construction house and committed sexual assault on several occasions. The DNA test report would indicate that he is the biological father of the fetus. Therefore, it is not appropriate to grant him bail. 7. Having considered the rival submissions of the learned counsels for the respective parties and also perused the averments of the charge sheet, it would indicate that the victim had lost her menstrual periods for three months. Therefore, the complainant being the mother of the victim took her to the hospital for medical check-up. There she diagnosed as pregnant. The victim was shifted to sakhi centre. The victim revealed the facts that the petitioner herein had committed sexual assault on her on several occasions. She narrated the incident even before the Magistrate under Section 164 of Cr.P.C., and the DNA test would indicate that the petitioner had committed an offence. Consequently, she became pregnant and later she got aborted. - 6 - HC-KAR NC: 2025:KHC-D:13987 CRL.P No. 103878 of 2025 8. Having considered the facts and circumstances of the case, it is not appropriate at this stage to grant bail. 9. Hence, I proceed to pass the following: ORDER (i) The petition stands rejected. (ii) Liberty is reserved to review this petition after examination of the victim. Sd/- (S.RACHAIAH) JUDGE SMM / CT: UMD List No.: 2 Sl No.: 6