- 1 - HC-KAR NC: 2025:KHC-D:18161 CRL.P No. 104767 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104767 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MAHANTESH S/O. SHARANAPPA KOPPAD, AGE. 45 YEARS, OCC. NIL, R/O. KALAKALESHWAR, TQ. GAJENDRAGAD, DIST. GADAG, PINCODE-582101. …PETITIONER (BY SRI. MAHANTESH S.HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH GAJENDRAGAD POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18161 CRL.P No. 104767 of 2025 DHARWAD BENCH, DHARWAD. 2. KAVERI W/O. PARASURAM CHILAZARI, AGE. 28 YEARS, OCC. HOUSEWIFE, R/O. KALAKALESHWAR, TQ. GAJENDRAGAD, DIST. GADAG, PIN CODE-582101. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ENLARGE THE PETITIONER/A1 ON BAIL IN CONNECTION IN FIR IN CRIME NO.175/2025 IN GAJENDRAGAD POLICE STATION FOR THE OFFENCE UNDER SECTION 75(2), 65(2) OF BNS AND 4 AND 6 OF POSCO ACT, PENDING BEFORE THE ADDL. DIST. AND SESSIONS JUDGE GADAG AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:18161 CRL.P No. 104767 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.1 is before this Court seeking for grant of regular bail in Crime No.175/2025 of respondent-police for the offences punishable under Sections 75(2), 65(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 (for short ‘POCSO Act’). Brief facts of the case: 2. The case of the prosecution is that, a complaint came to be registered by the mother of the victim stating that, on 05.10.2025 at about 7.30 p.m., her son Bhagat was playing with the petitioner in his house. She had instructed her daughter to go and bring Bhagat by giving the Aadhar card and bank passbook to the petitioner. Her daughter went to the house of the petitioner, however, she did not come even after a lapse of 10 minutes. Therefore, the complainant came out of the house and called her - 4 - HC-KAR NC: 2025:KHC-D:18161 CRL.P No. 104767 of 2025 daughter loudly. Her daughter came from the house of the petitioner and narrated the incident that she had been abused sexually by the petitioner. Immediately, the complainant called her husband and took the victim to the Government hospital for medical examination. Thereafter, she lodges a complaint against the petitioner. The respondent-police have registered a case and the matter is pending for filing the final report. 3. Heard Sri.Mahantesh S.Hiremath, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.1-State. 4. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The case has been registered on account of enmity and political rivalry. The petitioner has not committed any offences as stated in the complaint. He is a permanent resident of Kalakaleshwar, Gajendragad Taluk. - 5 - HC-KAR NC: 2025:KHC-D:18161 CRL.P No. 104767 of 2025 5. It is further submitted that, the averments of the complaint would indicate that the petitioner had inserted his finger into the private part of the victim, however, F.I.R came to be registered for the offences under Sections 4 and 6 of the POCSO Act, which is not applicable and the ingredients of the said provisions do not get attracted on the given set of facts. Therefore, the petitioner may be enlarged on bail by considering the age and occupation and also he is a permanent resident of the address given in the cause title. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for the respondent No.1 – State of Karnataka vehemently submitted that, the victim is aged about six years. She had been subjected to sexual assault and it was brought to the notice of the complainant immediately after the incident. The complainant and her husband took the victim to the hospital for medical examination, which was confirmed by the Doctor that she had been subjected to - 6 - HC-KAR NC: 2025:KHC-D:18161 CRL.P No. 104767 of 2025 sexual assault. The petitioner, being a middle-aged man, has committed a heinous offence against the young victim, which is a scar on her entire life. If, the petitioner is enlarged on bail, certainly, it gives a wrong message to society at large and there may be chances of not only committing similar offences, but also, chances of threatening the witnesses. Therefore, it is not appropriate to grant him bail. Making such submissions, the learned High Court Government Pleader prays to reject the petition. 7. Heard learned counsel appearing for the respective parties. On perusal of the averments of the complaint, it appears from the record that, the mother of the victim instructed the victim to bring his brother Bhagat, who was playing in the house of the petitioner and further instructed the victim to handover Aadhar card and the passbook to the petitioner. Under the said instruction, the victim girl went to the house of the petitioner, however, it is alleged that the petitioner had committed the heinous offence against the young victim by inducing her. The act - 7 - HC-KAR NC: 2025:KHC-D:18161 CRL.P No. 104767 of 2025 committed by the petitioner is not only detrimental to the society at large, but also, a heinous offence committed on the minor victim. Keeping in mind, the impact on the society and also the victim, I am of the considered opinion that the petition has to be rejected. 8. Ordered accordingly. Sd/- (S.RACHAIAH) JUDGE UN/CT: UMD List No.: 1 Sl No.: 6