- 1 - HC-KAR NC: 2025:KHC-D:16529 CRL.P No. 104346 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104346 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: AKASH H @ AKASHA S/O. HANUMANTHAPPA, AGE. 24 YEARS, OCC. FARMER, R/O. JINTAKATTE VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DIST- 583131. …PETITIONER (BY SRI. ANWAR BASHA B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH ARASIKERE P S VIJAYANAGARA) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001. 2. KOTRAMMA W/O. LATE TIRUPATHI, AGE. 45 YEARS, OCC. HOUSE HELP HIRED, R/O. JINTAKATTE VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DIST-583131. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. PRASHANT S.KADADEVAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL CASE NO.1063/2025 IN CONNECTION WITH (CRIME NO.97/2025 REGISTERED IN ARASIKERE PS VIJAYANAGARA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 354(D), 376(2)(N) OF IPC, 78(2), 64(2)(M), OF BNS AND 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, PENDING TRIAL OF THE CASE, BEFORE THE I ADD. DIST. AND SESSIONS, F.T.S.C. JUDGE BALLARI AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16529 CRL.P No. 104346 of 2025 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) This petition is filed by the petitioner who is arrayed as accused No.1 before the Trial Court seeking for grant of bail in Crime No.97/2025 for the offences punishable under Sections 354(D), 376(2)(n) of IPC, 1860 and Section 78(2), 64(2)(m) of B.N.S.,2023 and Section 4 and 6 of POCSO Act, 2012. Factual matrix of the case: 2. The case of the prosecution is that the complainant being a victim stated in her complaint that she is the daughter of Late Tirupathi, resident of Jittinakatte Village, Harapanahalli Taluk, Vijayanagara District. The complainant-victim was staying in her house along with her parents. The petitioner being a resident of the same village was known to her since 5 to 6 years. In the year 2021, the petitioner used to follow her and requested her to love him and expressed his willingness to marry her. However, the victim did not give her consent to the said proposal. - 3 - HC-KAR NC: 2025:KHC-D:16529 CRL.P No. 104346 of 2025 3. It is further stated that the petitioner – accused No.1 is stated to have committed sexual assault on the victim when she had been to attend nature call. Thereafter, on 29.05.2025 around 07.30 p.m. again, the petitioner is stated to have committed sexual assault on the victim. Therefore, the victim lodges a complaint on 01.07.2025 around about 11.00 a.m., before the respondent-police. Based on the complaint, the respondent-police have registered a case in Crime No.97/2025 for the offences stated supra. After completion of investigation, charge sheet was submitted. 4. Heard Sri. B. Anwar Basha, learned counsel for the petitioner and Sri. Praveena Y. Devaraddi, learned High Court Government Pleader for respondent No.1 and learned counsel Sri. Prashant S. Kadadevar for respondent No.2. 5. It is the submission of learned counsel for the petitioner that the alleged incident has taken place in the year 2021 and the victim was silent for a longer period and again i.e., on 29.05.2025, it is alleged that the petitioner had committed similar offence against her. Therefore, a complaint came to be - 4 - HC-KAR NC: 2025:KHC-D:16529 CRL.P No. 104346 of 2025 registered on 01.07.2025, which is a concocted story created to implicate the petitioner in a false case. 6. It is further submitted that the petitioner is no-where connected with the said incident. Except, the statement of the victim, nothing is there to show that the victim had been subjected to sexual assault twice by the petitioner. Further, the petitioner is aged about 24 years and he is the sole earning member of his family. He would abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the appeal. 7. Per Contra, learned High Court Government Pleader vehemently, submitted that the alleged incident has been taken place when the victim was minor. Even after the first incident, the petitioner again had committed sexual assault on the victim in the year 2025, therefore, a complaint came to be registered against the petitioner. Hence, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. - 5 - HC-KAR NC: 2025:KHC-D:16529 CRL.P No. 104346 of 2025 8. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint and charge-sheet, it appears from the record that the complaint was filed by the complainant after lapse of 5 years from the date of the alleged incident. Having considered the inordinate delay in lodging the complaint, I am of the considered opinion that, it is appropriate to grant bail to the petitioner. Accordingly, I proceed to pass the following: ORDER i. The Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.97/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following condition; a. The petitioner shall appear before the Trial Court on all hearing dates, without fail. - 6 - HC-KAR NC: 2025:KHC-D:16529 CRL.P No. 104346 of 2025 b. The petitioner shall not threaten the prosecution witnesses. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE NM/JS List No.: 1 Sl No.: 21