- 1 - HC-KAR NC: 2025:KHC-D:18403 CRL.P No. 104592 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104592 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. RAJENDRA @ KALKI S/O VISHNU GASTI, AGE: 24 YEARS, OCC: FACTORY WORK, R/O: YAMANAPUR, TALUK: DISTRICT BELAGAVI PIN 590010. …PETITIONER (BY SRI. RAMESH S. GUDODAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH APMC P.S. BELAGAVI, R/BY HCGP HIGH COURT OF DHARWAD- 580011. 2. SMT. SHANTA PARSURAM WADIYAPPAN, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O: 4TH MAIN, 3RD CROSS, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18403 CRL.P No. 104592 of 2025 BASAVA COLONY, TALUK: DISTRICT BELAGAVI- 590010. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVARADDIYAVARA, HCGP FOR R1, NOTICE R2 IS SERVED) --- THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS) SEEKING TO BE ORDERED TO BE RELEASED ON BAIL IN BELAGAVI APMC YARD P.S. CRIME NO.59/2025 CASE IS PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI IN SPL.C.NO.481/2025 FOR OFFENCES PUNISHABLE U/S 64(2) (m), 65(1), 70(2), 115(2), 351(2), 137(2), 190 OF BNS 2023 AND U/S 4, 6, 8, 12 OF POCSO ACT 2012, AND U/S 67(b) OF INFORMATION TECHNOLOGY ACT, 2000, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18403 CRL.P No. 104592 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.5 is before this Court seeking for grant of regular bail in Crime No.59/2025 of respondent- police, pending before the Additional District and Sessions Judge, FTSC-I, Belagavi, in Spl.C.No.481/2025, for the offences under Sections 64(2)(m), 65(1), 70(2), 115(2), 351(2), 137(2), 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8, 12 of the Protection of Children From Sexual Offences Act, 2012 and Section 67(B) of the Information Technology Act, 2006. Brief facts of the case: 2. The case of the prosecution is that, on 31.05.2025, at about 01.00 p.m., the complainant lodges a complaint before the respondent – Police stating that her younger daughter was studying in X Standard at Preeti Blossom Primary School, Azam Nagar, Belagavi. However, for the past 3 to 4 months, the victim was not talking much and she was keeping aloof. It is stated in the complaint that, on 26.05.2025, when the complainant and her family members were at home, the complainant was informed by - 4 - HC-KAR NC: 2025:KHC-D:18403 CRL.P No. 104592 of 2025 the victim about Ashmit Naik and Sham Naik, whom the victim had met last year 2024, when she was playing Dandiya during Dasara. It is further stated that, the victim had shared her mobile number with them and she used to talk with them over the phone often. Further, Ashmit Naik / accused No.1 stated to have introduced the victim to Kalmesh Adiveppa Harijan / accused No.2 and she used to talk with him over the phone. 3. It is further stated in the complaint that, in the month of December 2024, Ashmit Naik / accused No.1 called her and asked her to go for a walk with him around 07.30 p.m. Accordingly, the said Ashmit Naik came to her house on a Dio scooter and took her near Kakati Windmill. It is stated that, they were sitting near the said windmill and were talking for a while. In the meantime, the friends of Ashmit Naik namely Kalmesh Adiveppa Harijan / accused No.2, Akash Naik / accused No.3, Shyam Naik / accused No.4 and Abhi / accused No.6 came to the spot. Ashmit Naik asked his friend Abhi to record the sexual assault to be committed to the victim. Though, the victim had resisted the said act, the accused No.1 had induced her and - 5 - HC-KAR NC: 2025:KHC-D:18403 CRL.P No. 104592 of 2025 committed sexual assault and it was recorded by Abhi. Thereafter, Kalmesh Adiveppa Harijan, Akash Naik and Shyam Naik, all the persons are stated to have committed sexual assault on her. The entire episode was recorded by Abhi. 4. Again, in the month of January 2025, Kalmesh Adiveppa Harijan / accused No.2 called her and stated that, the video of sexual assault recorded by Abhi would be uploaded in the social media, if she does not come near the windmill where the alleged act of sexual assault had taken place. The victim being afraid of the said blackmail / threatening, she went near the windmill. Again, she had been subjected to sexual assault by Ashmit Naik, Kalmesh Adiveppa Harijan, Akash and Rajendra. 5. The complainant having received the said information from the victim, after having discussed the said fact with her husband and family members, lodged a complaint on 31.05.2025. The respondent - police have registered a case in Crime No.59/2025. After conducting the investigation, submitted the charge sheet. - 6 - HC-KAR NC: 2025:KHC-D:18403 CRL.P No. 104592 of 2025 6. Heard Sri. Ramesh S. Gudodagi, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1-State. 7. The submission of the learned counsel for the petitioner is that, the entire case is based on the solitary statement of the victim. Though, the victim is stated to have been sexually assaulted by the petitioner and others in the month of December 2024, the complaint came to be registered on 31.05.2025, which is almost six months delay. 8. It is further stated that, on careful reading of the averments of the complaint, it appears that, the victim had been subjected to sexual assault by all the accused. In other words, it appears that it is a gang rape. If the said incident had really been taken place, the complaint would have been lodged much earlier. The manner in which the victim did not disclose the facts of gang rape to her parents, certainly, would create a doubt in the mind of prudent man. Such being the fact, denying the bail to the petitioner on the ground that it is a gang rape would not serve any purpose. Therefore, the petitioner may be - 7 - HC-KAR NC: 2025:KHC-D:18403 CRL.P No. 104592 of 2025 enlarged on bail on imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. 9. Per contra, learned High Court Government Pleader for the respondent No.1 - State vehemently submitted that the averments of the complaint would indicate that, the victim had been sexually assaulted (gang raped) by the petitioner and others. It is stated that, the said episode has been recorded in the mobile of Abhi, who is arraigned as accused No.6. As the petitioner and others had committed heinous offence against the victim, who was a minor, it is not proper to grant the relief, as prayed for. It is further stated that, as the entire act committed by the petitioner and others is not only heinous, but also brutal and atrocious, therefore, it is not proper to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 10. Having heard learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that, the complainant was informed by the victim that she had been subjected to - 8 - HC-KAR NC: 2025:KHC-D:18403 CRL.P No. 104592 of 2025 sexual assault by all the accused, including the present petitioner, on several occasions. The first incident, as per the averments of the complaint, had taken place in the month of December 2024. Secondly, in the month of January 2025. However, a complaint came to be registered on 31.05.2025. Having noticed the facts and circumstances of the case, it is appropriate to grant bail. 11. Hence, 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.59/2025 of respondent-police, pending before the Additional District and Sessions Judge, FTSC-I, Belagavi, in Spl.C.No.481/2025, for the offences stated supra, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 9 - HC-KAR NC: 2025:KHC-D:18403 CRL.P No. 104592 of 2025 (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not involve in any criminal cases till disposal of the case. (vii) The petitioner shall not leave the jurisdiction of the Court till disposal of the case. 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 BSS List No.: 1 Sl No.: 34