- 1 - HC-KAR NC: 2025:KHC-D:14216 CRL.P No. 103959 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103959 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: YALLAPPA S/O. VASANTH MULIMANI @ ULLAGADDI, AGE. 33 YEARS, OCC. WATERMAN, R/O. SOMAPUR, TQ. AND DIST. DHARWAD-580112. …PETITIONER (BY SRI. PRAVEEN HUCHARADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE DHARWAD WOMEN POLICE STATION, DHARWAD R/BY H.C.G.P., HIGH COURT BUILDING BENCH, DHARWAD-580011. 2. RUPA W/O. DYMANNA ANNIGERI, AGE. 38 YEARS, OCC. LABOURER, R/O. SOMAPUR, TQ. AND DIST. DHARWAD-580112. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED, UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ALLOW THIS PETITION AND RELEASE THE PETITIONER/ACCUSED ON REGULAR BAIL IN SPL. S.C. NO.28/2024 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 376(3), 506 OF IPC AND UNDER SECTION 5(L), 6 OF Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14216 CRL.P No. 103959 of 2025 PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, ARISING OUT THE DHARWAD WOMEN POLICE STATION CRIME NO.2/2024 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused is before this Court seeking for regular bail in Crime No.2/2024 of respondent- police for the offences under Sections 376(3), 506 of the Indian Penal Code, 1860 and Sections 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012. 2. Respondent No.2 served and unrepresented. Brief facts of the case: 3. It is the case of the prosecution that the victim was aged about 16 years, when she was standing in front of her house, on 25.11.2023 at about 08.10 p.m., the petitioner knowingly that she was minor, instigated and induced her that he would marry her and requested her to - 3 - HC-KAR NC: 2025:KHC-D:14216 CRL.P No. 103959 of 2025 clear his lust. When she refused to do the same, he again induced her and threatened her and took her to his house and committed sexual assault on her. Thereafter, she became pregnant of three months. Hence, a complaint came to be registered against the petitioner. 4. The respondent-police have registered a case in Crime No.2/2025 against the petitioner under Sections 376(2)(n), 506 of the Indian Penal Code, 18601 and Sections 5(L) and 6 of Protection of Children from Sexual Offences Act, 20122. After conducting investigation, charge sheet is submitted by the respondent-police. 5. Heard Sri. Praveen Huchareddi, learned counsel for the petitioner and Sri. Praveen Y. Devareddi, learned High Court Government Pleader for respondent No.1-State. 6. The learned counsel for the petitioner submitted that there are inconsistencies in the statement of the victim both under Section 161 of Cr.P.C., and Section 164 of Cr.P.C. In the statement made before the Magistrate, the 1 For short, ‘IPC’ 2 For short, ‘POCSO’ - 4 - HC-KAR NC: 2025:KHC-D:14216 CRL.P No. 103959 of 2025 victim stated that the petitioner has not committed any mistake. However, in the statement recorded by the police and in the complaint, it is stated that the petitioner had committed sexual assault on her. Having considered the inconsistencies in the statement of the victim, it is appropriate to grant bail to the petitioner by imposing suitable conditions. 7. It is further submitted that the petitioner is aged about 33 years working as a waterman and he is the permanent resident of Somapur and he will abide by the conditions imposed by this Court in the event of release on bail. Making such submissions, he prays allow the petition. 8. Per contra, learned High Court Government Pleader for respondent No.1-State vehemently submitted that, in the statement made before the police, she has stated that the petitioner had committed sexual assault on her as a result of which she became pregnant. The DNA report would indicate that the petitioner is responsible for the pregnancy of the victim. - 5 - HC-KAR NC: 2025:KHC-D:14216 CRL.P No. 103959 of 2025 9. It is further submitted that as the petitioner had committed heinous offence against the victim, it is not appropriate to grant him bail. Making such submission, he prays to reject the petition. 10. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, the petitioner is stated to have committed sexual assault on minor and he is responsible for her pregnancy. However, the victim made her DUAL statements which are inconsistent with each other. Therefore, it is appropriate to grant bail by imposing suitable conditions. 11. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be released on bail in Crime No.2/2024 of respondent – police, on executing personal bond of Rs.1,00,000/- with one surety for - 6 - HC-KAR NC: 2025:KHC-D:14216 CRL.P No. 103959 of 2025 the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall appear before the Trial Court on all hearing dates without fail. (iv) The petitioner shall not threaten the prosecution witnesses. (v) the petitioner shall not commit similar or any other criminal cases, till disposal of this 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 SMM / CT: UMD List No.: 1 Sl No.: 11