- 1 - HC-KAR NC: 2025:KHC-D:15899 CRL.P No. 104307 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104307 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RAJASHEKHARA S/O. ERANNA, AGE. 23 YEARS, OCC. DRIVER, R/O. VADDATTI VILLAGE, KURUGODU TALUK, BALLARI DIST. 583116. …PETITIONER (BY SRI. ANWAR BASHA B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH KURUGODU P S BALLARI) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001. 2. MALLAMMA W/O. SHEKARAPPA, AGE. 37 YEARS, OCC. LABORER, R/O. VADDATTI VILLAGE, KURUGODU TALUK, BALLARI DIST. 583116. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15899 CRL.P No. 104307 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL CASE NO.947/2025 IN CONNECTION WITH (CRIME NO.147/2025 REGISTERED IN KURUGODU PS BALLARI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 351(2), 96, 64(2)(M), OF BNS AND 4, 5, (1) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, PENDING TRIAL OF THE CASE, BEFORE THE IST ADDL. DIST. AND SESSIONS, F.T.S.C I JUDGE BALLARI, IN THE INTEREST OF JUSTICE. 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.147/2025 of respondent- police for the offences under Sections 352(2), 96, 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 5(L) and 6 of the Protection of Children From Sexual Offences Act, 2012. 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 the petitioner is the son of her brother who used to - 3 - HC-KAR NC: 2025:KHC-D:15899 CRL.P No. 104307 of 2025 visit her house often, being a relative. On 04.06.2025 around about 9.00 a.m., the victim was not interested to go to school and she started crying. On enquiry, the victim disclosed that on 01.01.2025 around about 12.30 a.m., the petitioner went inside the house where the victim was sleeping and committed sexual assault on her, on a promise that, he would marry her and also on several occasions he had committed sexual assault on her. 3. On the basis of the said information, a complaint came to be registered against the petitioner before the respondent-police. The respondent–police registered a case and conducted investigation and submitted the charge sheet and the matter is set down for trial before the Trial Court. 4. Heard Sri. Anwar Basha B., learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.1-State. 5. It is the submission of the learned counsel for the petitioner that, the age of the victim is in ambiguity. There is no proof that she was aged about 13 years as on the date - 4 - HC-KAR NC: 2025:KHC-D:15899 CRL.P No. 104307 of 2025 of alleged incident. The petitioner is none other than her relative. The marriage proposal was taken place at the time of the alleged incident. As the petitioner was not interested in the said marriage, the complainant had filed this complaint to pressurize him to marry the victim. 6. It is further submitted that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The petitioner is aged about 23 years and he is earning member of the family. If he is enlarged on bail, there may be chances of settlement between the family members. Therefore, his bail application may be allowed. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the victim is aged about 15 years. The petitioner has committed heinous offence against the victim knowingly that, she was minor. Therefore, it is not appropriate to - 5 - HC-KAR NC: 2025:KHC-D:15899 CRL.P No. 104307 of 2025 grant him bail. Making such submissions, the learned High Court Government Pleader prays to reject the bail. 8. Having heard the learned counsel for the respective parties and also on perusal of the averments of the charge sheet and complaint, it appears from the record that, the petitioner is none other than the relative of the victim and the complainant. The petitioner and the victim were loving each other. Though, it appears that the victim was aged about 15 years, suitable documents are not produced to demonstrate that she was aged about 15 years. 9. Nevertheless, as per the submission of the learned counsel for the petitioner, the marriage negotiation was going on between the family members of the petitioner and the victim. 10. Having considering the facts and circumstances of the case and also the development in the family, it is appropriate to grant him bail in order to secure the ends of - 6 - HC-KAR NC: 2025:KHC-D:15899 CRL.P No. 104307 of 2025 justice and also to maintain the quietus between the family members. 11. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.147/2025 of respondent-police, on executing personal bond for a sum of Rs.1,00,000/- 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. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:15899 CRL.P No. 104307 of 2025 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.: 40