- 1 - HC-KAR NC: 2025:KHC-D:10258 CRL.P No. 102747 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102747 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: PAMPANNA @ PAMPAPATHI S/O ERAPPA YALABURGI, AGE. 46 YEARS, OCC. LABOURER, R/O. HOSA JEERAL KALGUDI VILLAGE, TQ. KANKAGIRI, DIST. KOPPAL, PIN-583 283. … PETITIONER (BY SRI. SADIK KANVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY GANGAVATHI RURAL PS, DIST. KOPPAL, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. SMT. PRIYA W/O ERANNA MANGALORE, AGE. 40 YEARS, OCC. TAILOR, R/O. HOSA JEERAL KALGUDI VILLAGE, TQ. KANKAGIRI, DIST. KOPPAL, PIN-583 283. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED IN GANGAVATHI RURAL PS CRIME NO.25/2024, PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE KOPPAL (SITTING AT GANGAVATHI) IN SPL. SC. POCSO NO.21/2024 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 376AB, 511 OF IPC, 1860, AND SECTION 8, 12 OF POCSO ACT-2012 IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10258 CRL.P No. 102747 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.SC(POCSO).No.21/2024 pending before the Court of Additional District and Sessions Judge, Koppal (sitting at Gangavathi) arising out of Crime No.25/2024 registered by Gangavathi Rural Police Station, Koppal District for offences punishable under Sections 376AB & 211 of IPC and Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.25/2024 was registered by Gangavathi Rural Police Station, Koppal District initially for the offences punishable under Sections 376(3) & 511 of IPC and Sections 8 and 12 of POCSO Act, against the petitioner herein, based on the first information dated - 3 - HC-KAR NC: 2025:KHC-D:10258 CRL.P No. 102747 of 2025 07.02.2024 received from respondent No.2, who is the mother of the victim, aged about 10 years. During the course of investigation, the petitioner was arrested on 08.02.2024 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 Jurisdictional Sessions Court was rejected. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that all material charge sheet witnesses including the victim and her mother have been examined before the trial Court. The petitioner, who has no other criminal antecedents, is in custody for the last more than 1½ years. He is a married person having family. Even if the allegations found in the charge sheet and deposition of the victim girl are presumed to be true, the offence punishable under Section 376AB of IPC cannot be invoked in this case. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:10258 CRL.P No. 102747 of 2025 5. Learned HCGP for respondent No.1 and learned counsel appearing for respondent No.2 have opposed the bail petition. They submit that the petitioner has committed heinous offence on the victim girl, aged about 10 years. Merely for the reason that charge sheet has been filed the petitioner cannot be enlarged on bail. Accordingly, they pray to dismiss the petition. 6. In the first information which is submitted by the mother of the victim girl she has alleged that on 07.02.2024 at about 4.30 p.m, the petitioner on the pretext of giving money to the victim girl had taken her inside his house and after making her sleep on ground, had removed her undergarments and tried to have sexual intercourse. When the victim girl raised a cry, the public gathered and allegedly assaulted the petitioner and thereafter he was handed over to the police and FIR was registered against him. Even in the charge sheet which is filed against the petitioner similar allegation is found. Section 375 of IPC defines “Rape” and Section 376(A)(B) - 5 - HC-KAR NC: 2025:KHC-D:10258 CRL.P No. 102747 of 2025 of IPC gets attracted against a person, who commits rape on woman under 12 years of age. 7. The victim girl was subjected to medical examination on 07.02.2024. The doctor, who has medically examined her has mentioned in the medical report that no external or genital injuries were found. In the final medical opinion it is mentioned that, blood stain or semen stain was not detected nor there were any signs of recent sexual intercourse. The victim girl in her statement under Section 164 of Cr.P.C, has also not made any such allegation against the petitioner about he committing any penetrative sexual assault on her. However, for the first time, in her deposition, during her examination-in-chief, she has made a statement that the petitioner had inserted his private part in her private part. 8. Be that as it may, the fact remains that the victim girl and other material charge sheet witnesses have been already examined before the trial Court. This Court at the stage of considering the bail application of the - 6 - HC-KAR NC: 2025:KHC-D:10258 CRL.P No. 102747 of 2025 accused cannot hold a mini trial and appreciate the deposition of the victim. However, since the material charge sheet witnesses are already examined, there cannot be any apprehension that the petitioner may tamper with the material charge sheet witnesses. It is brought to the notice of this Court that out of the 35 charge sheet witnesses cited in the present case, till date, 6 charge sheet witnesses, who are the material witnesses, have been examined before the trial Court. Considering the fact that there are many more charge sheet witnesses to be examined in the present case, it appears that the chances of trial being completed and the case being disposed of in near soon is very remote. The petitioner, who is a married man, having no criminal antecedents, is in custody for more than 1 year 6 months. He is said to be the sole breadwinner of the family. Under the circumstances, I am of the opinion that the prayer made for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: - 7 - HC-KAR NC: 2025:KHC-D:10258 CRL.P No. 102747 of 2025 ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Spl.SC(POCSO).No.21/2024 pending before the Court of Additional District and Sessions Judge, Koppal (sitting at Gangavathi) arising out of Crime No.25/2024 registered by Gangavathi Rural Police Station, Koppal District for offences punishable under Sections 376AB & 211 of IPC and Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a. 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; - 8 - HC-KAR NC: 2025:KHC-D:10258 CRL.P No. 102747 of 2025 b. 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; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future; e. 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 NMS, KGK LIST NO.: 1 SL NO.: 21