- 1 - HC-KAR NC: 2025:KHC-D:16491 CRL.P No. 104274 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104274 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI HATAYOGI LOKESHWAR MAHASWAMI @ LOKESHWAR SHABANNA JAMBAGI, AGE: 28 YEARS, OCC. RELIGION TEACHER, R/O. RAMA MANDIR MATHA, MEKALI VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591317. …PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY. THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH MUDALAGI POLICE STATION, MUDALAGI, TQ. GOKAK, DIST. BELAGAVI. 2. SHRI VITTAL S/O. ARJUN UDDANNAVAR, AGE: 41 YEARS, OCC. FARMER, R/O. KANNATI VILLAGE, MUDALAGI, TQ. GOKAK, DIST. BELAGAVI-591312, PHONE NO. 9740409563 (FATHER OF THE VICTIM) …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. ROHIT N. LATUR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS 2023, SEEKING THAT MAY KINDLY BE ALLOWED AND PETITIONER MAY KINDLY BE ORDERED TO BE ENLARGED ON BAIL IN CONNECTION WITH SPECIAL CASE NO. 463/2025, FIR BEARING MUDALGI PS CRIME NO. 74/2025 DATED 21-05- 2025, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 351(2) OF BHARATIYA NYAYA SANHITA ACT 2023, R/W. SECTIONS 4 AND 6 OF AND PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, PENDING ON THE FILE OF HON’BLE ADDL. DISTRICT AND SESSION S JUDGE FTSC-1, BELAGAVI, BY EXTENDING THE BENEFIT PROVIDED UNDER SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA ACT 2023, TO HIM, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16491 CRL.P No. 104274 of 2025 THIS 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.74/2025 of respondent No.1/Police for the offence under Sections 137(2) and 351(2) of the Bharatiya Nyaya Sanhita, 20231 and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 20122. Brief facts of the case: 2. The case of the prosecution is that, the complaint came to be registered by the victim who is aged about 17 years stating that she is the resident of Kanatti village. She used to go to Ram Mandir situated at Mekali village, Raibag Taluk. As such, she got acquainted with the petitioner who was the religious teacher of the said Mutt. On 13.05.2025 1 For short ‘BNS, 2023’ 2 For short ‘POCSO Act’ - 3 - HC-KAR NC: 2025:KHC-D:16491 CRL.P No. 104274 of 2025 around about 13:30 hours when the petitioner was coming after completing her work, the petitioner came in his car bearing its registration No.KA-23-P-0556 and took her into his car on the pretext of dropping her to her house. However, he took her to Mantralaya and booked a room in the said Mantralaya and committed sexual assault on her. Thereafter, on the following day, he came back to Bagalkot there also it is alleged that he had committed sexual assault on her. After the incident, he dropped her near Mahalingapura Bus-stand and threatened her with dire consequence and went away. Thereafter, the complainant lodges a complaint against the petitioner on 21.05.2025. 3. Based on the complaint, the respondent No.1/Police have registered a case, conducted investigation and submitted the charge-sheet. 4. Heard Sri.Mahantesh S. Hiremath, learned counsel for the petitioner, Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.1/State and Sri. Rohit N.Latur, learned counsel for the respondent No.2. - 4 - HC-KAR NC: 2025:KHC-D:16491 CRL.P No. 104274 of 2025 5. The submission of the learned counsel for the petitioner is that, the petitioner is innocent of the alleged offence, he was working as religious teacher of the Mutt. He is having a reputation and also having a deep root in the society. The victim has lodged a complaint only in order to defame the dignity of the Mutt. 6. It is further submitted that the victim has clearly made allegations of sexual assault against the petitioner in order to avoid him to become Swamiji. The alleged incident had taken place on 13.05.2025 and complaint came to be registered on 21.05.2025 after due deliberation. The delay has not been explained properly. Therefore, the petition may be allowed and he may enlarged on bail. Making such submissions, he prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent No.1/State vehemently submitted that the petitioner being a Swamiji of Ram Mandir situated at Mekali village has induced a minor girl and committed sexual assault on her on several occasions. The petitioner - 5 - HC-KAR NC: 2025:KHC-D:16491 CRL.P No. 104274 of 2025 being a Swamiji has committed heinous offence and also he has spoiled the religious reputation vested in the mind of the public. Therefore, it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. 8. Similarly, the learned counsel for respondent No.2 submitted that, the act of the petitioner indicates that he had intention to commit sexual assault on the victim. The victim has narrated the manner in which the petitioner had committed an offence. Therefore, it is not appropriate to grant him bail, is the contention of the learned High Court Government Pleader. 9. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that, the petitioner got acquainted with the victim. Knowingly that she was minor, took her to Mantralaya and committed sexual assault on her. Thereafter, he took her to Bagalkot and there also he has committed sexual assault on her. - 6 - HC-KAR NC: 2025:KHC-D:16491 CRL.P No. 104274 of 2025 10. On perusal of the averments of the complaint and charge-sheet, I am of the considered opinion that, the petitioner is not entitled for any relief as prayed for. 11. Hence, I proceed to pass the following: ORDER The petition stands rejected. Sd/- (S.RACHAIAH) JUDGE PJ/CT:PA LIST NO.: 1 SL NO.: 18