Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 61052 (KAR)

KARIYAPPA S/O LAKSHMANNA MADIVALAR ALIAS AGASAR v. THE STATE OF KARNATAKA

CRL.P/103106/2025 · 2025-09-10

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:11699 CRL.P No. 103106 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103106 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KARIYAPPA S/O LAKSHMANNA MADIVALAR @ AGASAR, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. BELUR, TQ. HAVERI, DIST. RANEBENNUR-581 115. … PETITIONER (BY SRI. PRASHANT K. MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH RANEBENNUR RURAL POLICE STATION, R/BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. RENUKA W/O SOMAPPA UDAPPANAVAR, AGE. 45 YEARS, OCC. COOLIE, R/O. BELUR, TQ. HAVERI, DIST. RANEBENNUR-581 115. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED IN RANEBENNUR RURAL P.S. CRIME NO.0260/2024 AND HAVE FAILED CHARGE SHEET IN SPL. S.C. NO.10/2025 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, HAVERI, FOR OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 87, 127(4), AND 64(2)(M) OF THE B.N.S., SECTIONS 6, 8 AND 12 OF THE POCSO ACT, 2012, AND SECTION 9 OF THE PROHIBITION OF CHILD MARRIAGE ACT, 2006, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11699 CRL.P No. 103106 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. Learned counsel for the petitioner submits that this petition may be dismissed as not pressed with liberty to the petitioner to file a fresh bail application after the DNA test report is received in the present case. 2. Said submission is placed on record. 3. Petition is dismissed as not pressed. 4. Petitioner is in custody in the present case from 05.12.2024 onwards and therefore, efforts shall be made by the trial Court as well as by the prosecution to secure the DNA test report and also examine the victim girl before the trial Court at the earliest. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 23