- 1 - HC-KAR NC: 2025:KHC-D:15336 CRL.P No. 103974 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 103974 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MOULASAB PACHESAB RAMPUR AGE. 36 YEARS, OCC. LABORUER, R/O. WARD NO.5, MOMINGALLI, GUDURU, ILAKAL, TQ. ILKAL, DIST. BAGALKOT-587125. …PETITIONER (BY SRI. GANAPATI M. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS DY.S.P. KARWAR SUB-DIVISION, CHITTAKULA POLICE STATION, KARWAR, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT DHARWAD BENCH BUILDING, DHARWAD-580011. 2. SMT. YALLAKKA @ LAXMI W/O. VINAYAK KADAM, AGE. 37 YEARS, OCC. COOLIE, R/O. ANEGUNDI PLOT, HALIYAL, NOW AT KADRA CROSS, SHIVAJIMANNAR, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:15336 CRL.P No. 103974 of 2025 SADASHIVAGAD, KADRA, TQ. KARWAR, DIST. UTTARA KANNADA-581352. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO ALLOW THE PETITION U/SEC.483 OF BNSS, 2023 AND ENLARGE THE PETITIONER HEREIN/ARRAYED AS ACCUSED, ON REGULAR BAIL IN SPECIAL CASE NO.3/2025 (CRIME NO.78/2024 OF CHITTKULA PS. KARWAR) FOR AN OFFENCES PUNISHABLE UNDER SECS.376, 376(3) OF IPC AND SECTION 4 AND 6 OF POCSO ACT AND SECS.3(1)(W)(I), 3(2)(V) OF THE SC & ST (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015, PENDING ON THE FILE OF COURT OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, U.K.KARWAR (SPECIAL COURT FOR TRIAL OF CASES FILED UNDER POCSO ACT), WITH SUCH CONDITIONS WHICH THIS HON’BLE COURT DEEMS FIT TO BE IMPOSED IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:15336 CRL.P No. 103974 of 2025 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.78/2024 of respondent- police for the offence punishable under Sections 376(2)(n), 376(3) of the Indian Penal Code (for short ‘IPC’) and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 (for short ‘POCSO Act’) and Section 3(1)(w)(i), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Brief facts of the case: 2. The case of the prosecution is that, a complaint came to be registered by the victim stating that, the victim belongs to schedule caste and was working as a maid. She is a permanent resident of Anegundi. It is further stated that she was living along with her mother and studied upto 5th standard. In the year 2022, she used to assist her maternal uncle in construction work. The petitioner was coming to the land to do construction work. The petitioner - 4 - HC-KAR NC: 2025:KHC-D:15336 CRL.P No. 103974 of 2025 used to come to the said construction work and got acquainted with the victim. It is stated that, he had promised the victim that he would marry her. As a result of which, she has consented for sexual activity. It is stated that the petitioner committed sexual assault on several occasions. Further, Ganesh Lamani, who was also acquainted with her, had also committed sexual assault on her. The victim had lodged a complaint against those two persons. The Chittakula Police had registered a case against the petitioner and Ganesh Lamani. The matter is pending for adjudication. The petitioner had been enlarged on bail in the case in the month of October. In the meantime, the petitioner came to know that victim was living in Chittakula in a rented house. After obtaining bail, again, the said petitioner approached her and promised the victim that he would marry her and committed sexual assault on her. It is further stated that, again on several occasions, he had committed sexual assault on her, as a result of which she became pregnant. It was informed to - 5 - HC-KAR NC: 2025:KHC-D:15336 CRL.P No. 103974 of 2025 the petitioner that she was pregnant and he instructed her that it should not be terminated and assured her that he would marry her. After 4 to 5 months of the said incident, he went to Bagalkot and he used to appear before the Court at Karwar on the respective hearing dates. On 16.10.2024, she gave birth to a female child. Thereafter, she had informed the said incident to the petitioner, however, he refused to marry her. Based on the said complaint, the respondent police have registered a case and conducted the investigation and submitted the charge sheet. 3. Heard Sri Ganapati M. Bhat, learned counsel for the petitioner and Sri Praveen Y Devareddiyavar, learned High Court Government Pleader for respondent No.1-State. 4. It is the submission of the learned counsel for the petitioner that, there is a dispute in respect of the age of the victim. The petitioner has not committed any offence. In fact, he had been implicated in a false case by the victim in the earlier occasion. After obtaining bail in the earlier - 6 - HC-KAR NC: 2025:KHC-D:15336 CRL.P No. 103974 of 2025 case, he came out from jail. However, with an intention to send him to judicial custody, a false case has been initiated against him. In fact, he is not responsible for the birth of the child. Therefore, he may be enlarged on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 5. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the petitioner being acquainted with the victim, in the construction work, had promised her that he would marry her and committed sexual assault knowingly that she was a minor. Thereafter, after coming out from jail, again, he has committed similar offence, thereby he has violated the bail conditions. Therefore, he may not be entitled for the relief as prayed for. Making such submissions, the learned High Court Government Pleader for respondent No.1 prays to reject the petition. 6. Heard the learned counsel for the respective parties. On perusal of the averments of the charge sheet, it - 7 - HC-KAR NC: 2025:KHC-D:15336 CRL.P No. 103974 of 2025 appears from the record that the petitioner had committed sexual assault on the victim in the year 2022 and he was arrested by the respondent police and he was sent to judicial custody. After obtaining bail, he came out from jail and it is alleged that he has committed a similar offence again, consequently, the victim gave birth to a female child. Thereafter, he refused to marry her. 7. Having considered the nature and gravity of the offence and also considering the repeated offences committed by the petitioner, I am of the considered opinion that it is not appropriate to grant him bail. 8. Hence, I proceed to pass the following: ORDER The petition stands rejected. Sd/- (S.RACHAIAH) JUDGE UN, CT:VP LIST NO.: 2 SL NO.: 19