- 1 - HC-KAR NC: 2025:KHC-D:8834 CRL.P No. 102328 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102328 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: PRAVEEN S/O. HEMANNA BANDIVADDAR, AGE: 24 YEARS, OCC: MASON, R/O. RAJESHWARI AASHRAYA BADAVANE, HOSALLI ROAD, HULAKOTI, TQ & DIST. GADAG-582205. …PETITIONER (BY SHRI K. L. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH WOMEN POLICE STATION, GADAG, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT: DHARWAD-580 011. 2. SMT. KAVITA D/O. HUCHCHIRAPPA KANAGINAHAL, AGE: 39 YEARS, OCC: MANAGER, ADVOCATES’ ASSOCIATION SOCIETY, GADAG, R/O. RAJESHWRI AASHRAYA BADAVANE, HOSALLI ROAD, HULAKOTI, TQ & DIST GADAG-582205. …RESPONDENTS (BY SHRI JAIRAM SIDDI, HCGP FOR R1; SHRI VIJAYKUMAR BALAGERIMATH, ADV. FOR R2) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8834 CRL.P No. 102328 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH GADAG WOMEN P.S. CRIME NO.07/2024, WHICH IS REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 363, 376(1) OF IPC AND SECTION 5(L) R/W. SECTION 6, 11(4) R/W. SECTION 12 OF POCSO ACT WHICH IS PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE GADAG IN S.C.NO.68/2024, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.K.L.Patil, learned counsel for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for respondent No.1-State, and Sri.Vijaykumar Balagerimath, learned counsel for respondent No.2. 2. Petitioner/accused has filed this petition under Section 483 of the Bharatiya Nagarik Surksha Sanhita, 2023 (for short, ‘the BNSS’) seeking to be to enlarge the petitioner on bail in connection with S.C.No.68/2024 pending on the file of the learned Additional District and Sessions Judge, Gadag. The case arises out of Crime No.07/2024 registered at Gadag Woman Police Station for - 3 - HC-KAR NC: 2025:KHC-D:8834 CRL.P No. 102328 of 2025 the offences punishable under Sections 363, and 376(1) of the Indian Penal Code (for short ‘the IPC’) and Section 5(L) read with Sections 6 and 11(4) read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the POCSO Act’). 3. The de facto complainant lodged a complaint alleging that the victim was studying in 1st PUC Commerce at Totada Siddeshwar Pre-University College, Gadag Town, during the year 2024. She used to go to Gadag from Hulakoti for her studies. On 27.06.2024, at around 9:15 a.m., the victim's cousin dropped her at the College. However, the victim did not return home until 5:00 p.m. Consequently, the complainant made enquiries at the College and with relatives, but was unable to trace her whereabouts. It is further alleged that the accused- Praveen Bandiwaddar of Hulakoti village, had previously harassed the victim by repeatedly persuading her to have love with him. After the complainant confronted the accused, he had stopped harassing the victim. Therefore, - 4 - HC-KAR NC: 2025:KHC-D:8834 CRL.P No. 102328 of 2025 the complainant lodged the present complaint before the Gadag Women Police Station. 4. Based on the complaint, the respondent-Police registered the case for the offence punishable under Section 363 of the IPC, and started investigation. 5. During the course of the investigation, i.e., on 29.06.2024, the accused was arrested from his house and produced before the Court. During the investigation, it was revealed that accused had committed aggravated and penetrative sexual assault on the victim. Accordingly, Section 376(1) of the IPC, and Section 5(L) read with Sections 6 and 11(4) read with Section 12 of the POCSO Act were added. Upon completion of the investigation, the investigating officer filed a charge sheet against the petitioner. 6. Learned counsel for the petitioner contended that the petitioner is innocent of the offences alleged and he has been falsely implicated in the case. It is submitted that the complaint was filed against the petitioner with an - 5 - HC-KAR NC: 2025:KHC-D:8834 CRL.P No. 102328 of 2025 ulterior motive, influenced individuals who are ill-disposed towards the petitioner. 7. It is contended that PW.1–the victim girl in her evidence, stated that she was in a love affair with the petitioner and, on one day, in the month of June 2024, she had voluntarily gone to the house of the accused and stayed there for one day. 8. It is further submitted that in her statement recorded under Section 164 of the Ct.P.C., the victim clearly stated that she was in a love affair with the petitioner, and her mother-PW.3 had strongly opposed her love affair with the petitioner. 9. Therefore, it is argued that the material on record, even if it taken at fact value, does not disclose the essential ingredients of the alleged offences. Petitioner is ready and willing to abide by any conditions that may be imposed by this Hon’ble Court. It is also submitted that the alleged offences are not punishable with death or imprisonment for life. Hence, the petitioner prays for grant of bail. - 6 - HC-KAR NC: 2025:KHC-D:8834 CRL.P No. 102328 of 2025 10. Learned High Court Government Pleader contended that petitioner has committed a serious offence of sexual assault on a minor girl. The victim has clearly stated the same before the Magistrate under Section 164 of the Cr.P.C., as well as before the Special Court during the recording her evidence. Hence, there is a prima facie case against him. The oral testimony of PW.1 is supported by medical evidence and corroborated by the doctor’s deposition. If petitioner is released on bail, he may tamper with the prosecution witnesses, he may influence the victim and there is likelihood of he fleeing away from justice. Hence, he prayed for rejection of petition. 11. Perusal of materials available on record it appears that, the date of birth of victim is 06.01.2008 and the date of incident is 27.06.2024. Victim was aged about 16 years 6 months. On perusal of the statement recorded under Section 164 of the Cr.P.C., revealed that the petitioner committed penetrative sexual assault on her. 12. In the statement made by the victim girl under Sections 161 and 164 of the Cr.P.C., as well as in her - 7 - HC-KAR NC: 2025:KHC-D:8834 CRL.P No. 102328 of 2025 evidence on oath, she has not admitted at any point that she gave consent and that she was willing to have such sexual intercourse with the petitioner. Even in the statement recorded under Section 164 of the Cr.P.C., she stated that she and the petitioner had sexual intercourse once, and in her evidence as well, reiterated that the petitioner committed penetrative sexual assault on her. 13. On perusal of medical evidence, as well as oral testimony of the doctor (PW.10), it is clearly stated that the victim’s hymen was ruptured and that there was recent evidence of sexual intercourse. 14. Admittedly, the victim is a minor, therefore, the question of consent does not arise in an allegation of penetrative sexual assault under POCSO Act, 2012. 15. Having regard to the materials placed on record, it is evident that the victim girl is below 18 years of age. The prosecution has produced prima facie evidence indicating the involvement of the petitioner in the commission of the alleged offences, which attract the provisions of the POCSO Act, 2012. The trial of case is - 8 - HC-KAR NC: 2025:KHC-D:8834 CRL.P No. 102328 of 2025 presently pending before the Trial Court, and the evidence of PW.1 to PW.16 has been recorded. The remaining witnesses are yet to be examined. If the petitioner is released on bail, there is a likelihood that he may tamper with prosecution witnesses, influence the victim, or abscond from the proceedings. Considering all these aspects of the matter, this is not a fit case for the grant of bail. Accordingly, I proceed to pass the following: ORDER The criminal petition is rejected. Note: The observations made in this petition are only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE AC List No.: 1 Sl No.: 32