- 1 - HC-KAR NC: 2025:KHC-D:15113 CRL.P No. 103617 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103617 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: NARENDRA KUMARA @ NARI @ NARENDRA KUMAR NARENDRA GOPAL, AGED ABOUT 20 YEARS, OCC. STUDENT, RESIDENT OF 2ND WARD, KENCHANGUDDA VILLAGE, SIRAGUPPA TALUK AND DIST. VIJAYANAGAR-583121. …PETITIONER (BY SRI. M.R. HIREMATHAD, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY PSI SIRUGUPPA POLICE STATION, SIRUGUPPA TALUK AND DISTRICT HAVERI-581118 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DHARWAD-580011. 2. VICTIM ABC, AGE. 13 YEARS, OCC. STUDENT, R/O. KENCHANGUDDA VILLAGE, 3RD WARD, SIRUGUPPA TALUK, DIST. VIJAYANAGAR-583121. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI. J. BASAVARAJ, ADVOCATE AND SRI. SUHAS K.HOSAMANI, ADVOCATE FOR R2) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15113 CRL.P No. 103617 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE PETITION AND GRANT THE REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN SPL.C NO.786/2023 (SIRUGUPPA P.S CRIME NO.183/2023) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(2), 376(3) AND 506 OF IPC AND R/W SECTIONS 4(2), 5(P) AND 6 AND 8 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT OF 2012 PENDING ON THE FILE OF DISTRICT SESSIONS JUDGE FTSC-1 BALLARI AND ETC.,. 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 for grant of regular bail in Crime No.183/2023 of respondent- police for the offences under Sections 376(2), 376(3), 506 of the Indian Penal Code, 1860 and Sections 4(2), 5(p), 6 and 8 of the Protection of Children From Sexual Offences Act, 2012. Brief facts of the case: 2. The case of the prosecution is that, the complainant lodged the complaint stating that, she was studying 7th standard and usually going to her college - 3 - HC-KAR NC: 2025:KHC-D:15113 CRL.P No. 103617 of 2025 around about 9.30 a.m., and coming back around about 4.00 O’clock. On 01.09.2023 around about 9.00 a.m., the victim and her younger sister went to school, her grand- mother was alone at home. After the school victim and her younger sister were come back to their house, the grand- mother of the victim was alone at home. Around about 4.30 p.m., the petitioner had invited her on the pretext that, he had mathematic books in his house which belongs to the victim. Both the victim and the petitioner started searching the book. However, it was not found in the house. Thereafter, it is stated that, the petitioner had assaulted sexually in spite of resistance by the victim. She went to her house and went to washroom. By that time, her mother came to her house after having finished her work and asked the victim as to what has happen. The victim had narrated the incident and she was bleeding. Immediately, she was taken to hospital at Shiraguppa. After examination, the doctor referred the victim to Ballari hospital. Parents and the victim went to VIMS Hospital and got admitted. - 4 - HC-KAR NC: 2025:KHC-D:15113 CRL.P No. 103617 of 2025 Therefore, a case came to be registered against the petitioner. 3. The respondent-police after conducting investigation, submitted the charge sheet. 4. Heard Sri. M. R. Hiremathad, learned counsel for the petitioner, Sri. Praveen Y. Devareddi, learned High Court Government Pleader for respondent No.1-State and learned counsel Sri. J. Basavaraj and Suhas K. Hosamani, for respondent No.2. 5. It is the submission of the learned counsel for the petitioner that, petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The petitioner is aged about 20 years and he was student. If the petitioner is in judicial custody for a longer period, there may be chances of being influenced by the other inmates. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for petitioner prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:15113 CRL.P No. 103617 of 2025 6. Per contra, learned High Court Government Pleader for respondent No.2-State vehemently submitted that, the petitioner has committed heinous offence against the victim. The victim was studying 7th standard and she is aged about 13 years. Immediately, after the incident, she has lodged a complaint on the same day. Having considered the nature and gravity of the offences, it is not appropriate to grant bail to the petitioner. Making such submissions, learned High Court Government Pleader prays to reject the petition. 7. Similarly, learned counsel for respondent No.2 adopted the arguments of learned counsel High Court Government Pleader for State and he further submitted that, the victim being a minor, the act committed by the petitioner leaves scar in her mind. Therefore, it is appropriate to reject the bail. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that, the victim - 6 - HC-KAR NC: 2025:KHC-D:15113 CRL.P No. 103617 of 2025 was studying 7th standard as on the date of the incident and she was aged about 13 years. As per the records, she had been subjected to sexual assault by the petitioner. On the same day, she lodges a complaint before the respondent- police. Having considered the seriousness of the offence and also the gravity thereof, in my considered view it is not appropriate to grant the relief as prayed for. 9. Accordingly, the petition is rejected. Sd/- (S.RACHAIAH) SMM/CT: UMD List No.: 2 Sl No.: 31