- 1 - HC-KAR NC: 2025:KHC-D:14339 CRL.P No. 103743 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103743 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MR. RAVI NAIKODI S/O. SIDDAPPA NAIKODI, AGE. 34 YEARS OCC. HOTEL BUSINESS, R/O. H.NO.B/70, 330, JIT COLLEGE ROAD, KHANAPUR ROAD, RAJARAM NAGAR, UDYAMBAG-590008, TQ. DIST. BELAGAVI. …PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY MARKET POLICE STATION BELAGAVI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14339 CRL.P No. 103743 of 2025 HIGH COURT BUILDING, DHARWAD-580001. 2. SMT. NEETA KUDATURKAR W/O. VINAYAK KUDATURKAR, AGE. 42 YEARS, OCC. LIC AGENT, R/O. FLAT NO-C-2, 2ND FLOOR, HOUSE NO.778/2, KOODTURAKAR, KHANAPUR ROAD, NOW C2, 2ND FLOOR, AYURIS, NEHRU ROAD, TILAKWADI-590006, TQ. DIST. BELAGAVI. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. SUHAS K.HOSAMANI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, GRANT BAIL TO THE PETITIONER IN CRIME NO.95/2025 REGISTERED IN MARKET PS BELAGAVI, PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-1, AT: BELAGAVI IN SPL. CASE NO.460/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 309(4), 65(1), 64(2)(M), 70(2), 352, 351(3), 238, 79, 127(2), R/W SECTION 3(6) OF BNS AND SECTION 4(2), 6, 8, 12 AND 17 OF POCSO ACT-2012 AND SECTION 77 OF JUVENILE JUSTICE ACT-2015 AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14339 CRL.P No. 103743 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.4 is before this Court seeking regular bail in Crime No.95/2024 of respondent-Police Station for the offences punishable under Sections 137(2), 309(4), 65(1), 64(2)(m), 70(2), 352, 351(3), 238, 79, 127(2) r/w Section 3/(6) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’) and Sections 4(2), 6, 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and Section 77 of Juvenile Justice Act, 2015 in Spl.Case No.460/2025 pending on the file of Additional District and Sessions Judge, F.T.S.C-I, Belagavi. Factual matrix of the case: 2. The case of the prosecution is that, the complainant lodged a complaint stating that, her daughter aged about 14 years was studying in 10th Standard at Shakti Residential School, Mangaluru. On account of the school holidays, the victim girl had come to Belagavi on 30.04.2025. On 11.05.2025 - 4 - HC-KAR NC: 2025:KHC-D:14339 CRL.P No. 103743 of 2025 at about 3.30 p.m., in the afternoon, the victim was crying in her house. On enquiry, she told that, on 10.05.2025 at about 2.30 p.m., her friend Atharv arraigned as Child-in- Conflict called her to come to Savagaon by giving threat. She had gone to Nisarga Farm House situated at Savagaon with one Sakib Nijami arraigned as accused No.2. In the said farm house, Atharv and his friend Sakib and one more person were there. They made her to consume beer and alcohol forcibly and committed sexual assault on her. Further, the said Atharv and his friend Sakib committed robbery of gold chain worth of Rs.50,000/- and thereafter, she was sent to her house. Based on the said information, a complaint came to be registered against accused Nos.1 to 3. On receipt of the complaint, the respondent police registered a case in Crime No.42/2025. Subsequently, it was transferred to Market Police Station and renumbered as Crime No.95/2025 for the offences stated supra. 3. Heard Sri.N.D.Gunde, learned counsel for the petitioner, Sri.Jairam Siddi, learned HCGP for respondent No.1 and - 5 - HC-KAR NC: 2025:KHC-D:14339 CRL.P No. 103743 of 2025 Sri.Suhas K.Hosamani, learned counsel for respondent No.2. 4. It is the submission of learned counsel for the petitioner that, the name of the petitioner is not mentioned in the FIR or in the complaint. However, he has been falsely implicated subsequently during investigation in the charge sheet. No overt-act is attributed against him in the complaint. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the appeal. 5. Per contra, learned counsel for the respondent No.2 vehemently submitted that this is the case of gang rape, the victim was a minor as on the date of the incident as alleged. She was forcibly consumed liquor and committed gang rape by all the accused including the petitioner. Due to some misconception of facts, she did not disclose the name of the petitioner at the earliest. However, during investigation, his name was disclosed and he is arrayed as accused No.4. Since there are serious allegations against - 6 - HC-KAR NC: 2025:KHC-D:14339 CRL.P No. 103743 of 2025 all the accused and the petitioner, it is not appropriate to grant him bail. Making such submissions, the learned counsel for respondent No.2 prays to reject the petition. 6. Similarly, the learned HCGP for the respondent No.1 – State adopted the arguments advanced by the learned counsel for respondent No.2 and he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the record that the victim had been subjected to gang rape by accused Nos.1 to 3. The petitioner is arrayed as accused No.4. Initially, his name was not found in the FIR or in the complaint. However, subsequently, his name was included in the charge sheet on the basis of further statement of the victim. 8. Having considered the facts and circumstances of the case, without adverting to the merit of the case, it is appropriate to grant him bail by imposing suitable conditions. 9. Hence, I proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC-D:14339 CRL.P No. 103743 of 2025 ORDER i) The criminal petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Spl.Case No.460/2025 pending on the file of Additional District and Sessions Judge, F.T.S.C-I, Belagavi arising out of Crime No.95/2025 registered by the Women Police Station, Ballari for the offences stated supra, subject to the following conditions; a) The petitioner shall cooperate with the investigation as and when it is required. b) The petitioner shall not threaten or tamper the prosecution witnesses. c) The petitioner 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 UN/CT: UMD List No.: 2 Sl No.: 12 - 8 - HC-KAR NC: 2025:KHC-D:14339 CRL.P No. 103743 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [MR RAVI NAIKODI S/O SIDDAPPA NAIKODI VS. STATE OF KARNATAKA AND ANOTHER] 04.11.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE S.RACHAIAH ORAL ORDER ON ‘BEING SPOKEN TO’ Heard the learned counsel for the petitioner. In the operative portion of the Order dated 27.10.2025, at Line No.4 of sub-para (ii) at page No.7, the words “Women Police Station, Ballari”, shall be deleted by substituting the words “Market Police Station, Belagavi”. Further, in the same order, at para No.7, condition No.(d) is inserted as under: “(d) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum, to the satisfaction of the Trial Court.”. - 9 - HC-KAR NC: 2025:KHC-D:14339 CRL.P No. 103743 of 2025 This order shall be read in conjunction with the order dated 27.10.2025. Registry to issue fresh free certified copy of the order to the parties. Sd/- (S.RACHAIAH) JUDGE SMM /List No.: 3 Sl No.: 2