- 1 - HC-KAR NC: 2025:KHC-D:15276 CRL.P No. 104458 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104458 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SRI. ROHAN S/O RAJESHKUMAR PATIL AGE. 22 YEARS, OCC. STUDENT, R/O NO.K10, AWHO NILKANTH VIHAR, INFRONT OF ANGADI COLLEGE, SAVGAON ROAD, BELAGAVI. 2. SRI. ASHUTOSH S/O MARUTI PATIL AGE. 23 YEARS, OCC. STUDENT, R/O NO.A7, AWHO NILKANTH VIHAR, INFRONT OF ANGADI COLLEGE, SAVGAON ROAD, BELAGAVI. …PETITIONERS (BY SRI. KISHOR SUDHAKAR SUTAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, SHO MARKET PS, BELAGAVI CITY, TQ. & DIST. BELAGAVI. 2. SMT. NEETA W/O VINAYAK KUDATURKAR AGE. 42 YEARS, OCC. SERVICE, R/O FLAT NO.C-2, 2ND FLOOR, AIRES APARTMENT, NEHRU ROAD, TILAKWADI, BELAGAVI 590006. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON REGULAR BAIL WHO ARE ARRAYED AS ACCUSED NOS.5 AND 6, IN CONNECTION WITH THE CRIME NO.95/2025 REGISTERED BY MARKET POLICE STATION, BELAGAVI FOR THE OFFENCES PUNISHABLE UNDER Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15276 CRL.P No. 104458 of 2025 SECTIONS 238 OF BHARATIYA NYAYA SANHITA, 2023, U/S 17 OF POCSO, 2012 PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSION JUDGE-FTSC-I, BELAGAVI BEARING SPL. CASE NO. 460/2025 & ETC. 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 petitioners/accused Nos.5 and 6 are before this Court seeking for bail in Crime No.95/2025 of respondent-police for the offences under Sections 137(2), 309(4), 65(1), 64(2)(m), 70(2), 352, 351(3), 238, 79, 127(2) read with Section 3(6) of Bhartiya Nyaya Sanhita, 2023 and Sections 4(2), 6, 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 and 77 Juvenile Justice Act, 2015. Brief facts of the case: 2. The mother of the complainant lodged a complaint before the respondent-police stating that, her daughter was studying in Mangalore, came to her house on 30.04.2015 on account of Summer vacation. The victim was - 3 - HC-KAR NC: 2025:KHC-D:15276 CRL.P No. 104458 of 2025 staying along with her at Belagavi. Such being the fact, on 11.05.2025 around about 03.30 p.m., she noticed that her daughter was not comfortable and not feeling well. When she enquired as to what had happened, she narrated the incident that accused No.1-Atharva was insisting her that she should meet him always whenever he called her. 3. It is further stated that, on 10.05.2025 around about 02.30 p.m., accused No.1 called her over phone and blackmailed her that, he would upload her pictures and videos of which she had been sexually assaulted. Freighting of the said blackmail, she stated to have gone to the farmhouse namely Nisarga Farm House, where she noticed that, accused No.1 and accused No.3 were consuming alcohol and took her to one room and forcibly made her to drink beer. Thereafter, the said accused No.1 and his friends were trying to touch her inappropriately. The accused No.1 and accused No.3 are stated to have committed sexual assault on her and also snatched her gold chain worth of Rs.50,000/-. - 4 - HC-KAR NC: 2025:KHC-D:15276 CRL.P No. 104458 of 2025 4. Based on the complaint, the respondent-police have registered a case and after conducting the investigation, submitted the charge sheet. 5. Heard Sri. Kishor Sudhakar Sutar, learned counsel for the petitioners and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1-State. 6. It is the submission of the learned counsel for the petitioners that, the petitioners are arrayed as accused Nos.5 and 6. They are the tenants of the Farm House. They were not aware about the incident which had taken place in the Farm House. In fact, they were not present at the spot when the alleged incident had taken place. The names of these petitioners did not find a place in the FIR or in the statement of the victim. However, in the charge sheet they were included. Therefore, they may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:15276 CRL.P No. 104458 of 2025 7. Per contra, learned High Court Government Pleader for respondent No.1-State vehemently submitted that, the petitioners are being tenants of the said land accommodated accused No.1 on rent basis and other accused have committed gang rape on the victim who is aged about 14 years. As these petitioners had facilitated the other accused to commit rape on the victim, therefore, it is not appropriate to grant them bail. Making such submissions, he prays to reject the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint and the charge sheet, it appears that, these petitioners are the tenants of the land and they made available the said land to the accused on rent basis. However, they were not aware about the actual incident. Considering the said aspect, it is appropriate to grant them bail by imposing suitable conditions. 9. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:15276 CRL.P No. 104458 of 2025 ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in Crime No.95/2025 of respondent-police for the offences under Sections 137(2), 309(4), 65(1), 64(2)(m), 70(2), 352, 351(3), 238, 79, 127(2) read with Section 3(6) of Bhartiya Nyaya Sanhita, 2023 and Sections 4(2), 6, 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 and 77 Juvenile Justice Act, 2015, on executing personal bond in a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Trial Court. (iii) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 7 - HC-KAR NC: 2025:KHC-D:15276 CRL.P No. 104458 of 2025 (iv) The petitioners shall not leave the jurisdiction of the Court till disposal of the case. (v) The petitioners shall appear before the Trial Court on all hearing dates without fail. 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:VP LIST NO.: 1 SL NO.: 11