- 1 - HC-KAR NC: 2025:KHC-D:11108 CRL.A No. 100528 of 2025 C/W CRL.P No. 103101 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100528 OF 2025 (U/S 14 A(2) of SC and ST ACT) C/W CRIMINAL PETITION NO. 103101 OF 2025 IN CRL.A.NO.100528/2025: BETWEEN: ASPAK @ ASIF S/O. KHADRASAB @ RAJESAB SAVADI, AGE: 20 YEARS, OCC: COOLIE, R/AT: HOMBAL NAKA, JANATA COLONY, TQ AND DIST: GADAG – 582 101. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, GADAG TOWN POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD – 580 011. 2. HANAMAPPA S/O. BALAPPA HALAGI, AGE: 42 YEARS, OCC: LABOURER, R/AT: ANNIGERI, DIST: DHARWAD – 582 201. 3. VICTIM, R/AT ANNIGERI, DIST: DHARWAD – 582 201. …RESPONDENTS (BY SRI. KIRTILATA R. PATIL,HCGP FOR R1; SRI. GIRISH V. BHAT, ADVOCATE FOR R2 & R3) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT, 2015 SEEKING TO SET ASIDE ORDER DATED 04.08.2025 IN SPL.C.(SC/ST) NO.71/2025 AND CONSEQUENTLY ALLOW THE APPEAL AND ENLARGE THE APPELLANT / ACCUSED NO. 1 ON BAIL AS ATTACHED IN GADAG TOWN POLICE STATION CRIME NO: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11108 CRL.A No. 100528 of 2025 C/W CRL.P No. 103101 of 2025 57/2025 FOR OFFENCE PUNISHABLE UNDER SECTIONS 64, 70, 71, 238 OF BNS-2023, UNDER SECTIONS 66(e), 67(a) IT ACT, 2000 AND (AMENDMENT ACT)-2008, UNDER SECTION 6 OF POCSO ACT-2012 AND UNDER SECTION 3(1)(w)(2)(va) OF SC/ST (POA)-1989 (AMENDMENT) ACT-2015 PENDING ON THE FILES COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT: GADAG IN SPL.C. (SC/ST) NO. 71/2025, IN THE INTEREST OF JUSTICE. IN CRL.P.NO.103101/2025: BETWEEN: SHIVARAM S/O. PRAKASH KALI, AGE: 27 YEARS, OCC: COOLIE, R/O: HUILGOL, TQ & DIST: GADAG – 582 102. …PETITIONER (BY SRI. SRINIVAS NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH GADAG TOWN POLICE STATION, GADAG – 580 011. 2. VICTIM. 3. HANAMAPPA S/O. BALAPPA HALAGI, AGE: 42 YEARS, OCC: AGRICULTURE, R2 & R3 ARE R/O: ANNIGERI TQ: ANNIGERI, DIST: DHARWAD – 582 201. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. GIRISH V. BHAT, ADVOCATE FOR R2 & R3) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, (438 OF CR.P.C.), SEEKING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF ARREST OF THE PETITIONER SPL. CASE NO.71/2025 ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE GADAG, IN RESPECT OF GADAG TOWN POLICE STATION CRIME NO.57/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64, 70, 71, 28 OF BNS AND UNDER SECTIONS 66(e), 67(a), I.T. ACT 2000 AND 2008(AMENDMENT ACT) AND UNDER SECTION 6 OF POCSO ACT, 2012 AND UNDER SECTION 3(2)(va) AND 3(1)(w) OF SC AND ST (POA) ACT, 1989, IN THE ENDS OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-D:11108 CRL.A No. 100528 of 2025 C/W CRL.P No. 103101 of 2025 THESE CRIMINAL APPEAL AND PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 3 in Spl(SC/ST) No.71 of 2025 pending before the Court of Additional District and Sessions Judge and Special Judge, Gadag, arising out of Crime No.57 of 2025 registered by Gadag Town Police Station, for the offences punishable under Sections 64, 70, 71, 238 of BNS-2023, Sections 66(e), 67(a) IT Act, 2000 and (Amendment Act)-2008, Section 6 of POCSO ACT-2012 and Section 3(1)(w)(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 are before this Court seeking regular bail and anticipatory bail respectively. 2. Heard learned counsel for the parties. 3. FIR in Crime No. 57 of 2025 was registered by Gadag Town Police Station initially for the offences punishable under Section 64 of BNS-2023, Sections 66(e), 67(D) IT Act, 2000 and (Amendment Act)-2008, Section 6 - 4 - HC-KAR NC: 2025:KHC-D:11108 CRL.A No. 100528 of 2025 C/W CRL.P No. 103101 of 2025 of POCSO ACT-2012 and Sections 3(1)(w) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 against accused Nos.1 and 2 based on the first information dated 09.04.2025 received from the father of the victim girl. During the course of investigation, accused No.1 was arrested on 10.04.2025 and subsequently, remanded to judicial custody. His bail application filed before the trial Court in Spl(SC/ST) No.71 of 2025 was dismissed on 04.08.2025. Therefore, he is before this Court in Crl.A.No.100528/2025. After completing investigation, charge sheet was filed in the present case against three persons. 4. Apprehending arrest in the case, accused No.3 had filed Criminal Miscellaneous No.203/2025 before the jurisdictional Sessions Court, which was rejected on 16.06.2025. Therefore, he is before this Court in Crl.P.No.103101/2025. 5. Perusal of the material on record would go to show that the father of the victim girl had approached the Gadag Town police station on 09.04.2025 and submitted - 5 - HC-KAR NC: 2025:KHC-D:11108 CRL.A No. 100528 of 2025 C/W CRL.P No. 103101 of 2025 first information stating that accused Nos.1 and 2 by threatening his daughter that they will upload her photographs in social media after editing the same had sexual intercourse with her and thereafter, recorded the same. It is under these circumstances, First Information Report was registered against accused Nos.1 and 2. During the course of investigation accused Nos.1 and 2 were arrested. After completing investigation, charge sheet has filed against three persons. 6. In the charge sheet it is alleged that victim girl aged about 17 years who was pursuing her Para Medical course in Gadag District Hospital, got acquainted to accused No.2, who subsequently informed her that he was in love with her. On 26.10.2024, accused No.2 had invited the victim girl to hotel Ayodya for the purpose of celebrating his birthday and on that day he had taken her to room No.204 in the said hotel. The said room was booked by accused No.1. At about 2.30 pm, on 26.10.2024 accused No.2 allegedly had forcible sexual intercourse with the victim girl - 6 - HC-KAR NC: 2025:KHC-D:11108 CRL.A No. 100528 of 2025 C/W CRL.P No. 103101 of 2025 in the aforesaid room in hotel Ayodya and when he went to the bath room thereafter, accused No.1 who entered the room also had forcible sexual intercourse with the victim girl. The said act was recorded by accused No.2 in his mobile phone and thereafter, they started threatening the victim girl about uploading her obscene videos in the whatsup group. Subsequently, accused Nos.1 and 2 had forwarded the said video to accused No.3. 7. In the meanwhile accused No.2 by informing the victim girl that he would delete her video took her in his motorbike bearing No.KA-26-EH 8924 near a hillock in their village and once again had sexual intercourse with her forcibly. Subsequently, accused No.1 also took the victim girl on the pretext of deleting the obscene video by the victim and had sexual intercourse her in a isolated place. 8. Accused No.3 thereafter called the victim girl and informed her that he had her obscene videos and by threatening her, took her in his car from Gadag to Hulakote village and in a dilapidated house had sexual intercourse - 7 - HC-KAR NC: 2025:KHC-D:11108 CRL.A No. 100528 of 2025 C/W CRL.P No. 103101 of 2025 with her. During the course of investigation, mobile phone of accused No.2 in which the obscene video of the victim girl was recorded was seized and has been sent to forensic laboratory for examination. From the mobile phone of accused No.1, it was found that the said obscene video was forwarded by him to the mobile phone of accused No.3. The documents produced along with the charge sheet would go to show that as on the alleged date of incident, the victim girl was a minor. Acts committed by the accused persons has been recorded in their mobile phone. The accused persons not only had forcible sexual intercourse with the minor victim girl, but thereafter had recorded the said act of same and had forwarded the same. From the aforesaid acts committed by the accused persons, it is apparent that the alleged offences clearly get attracted against them. Considering the manner in which the crime has been committed by the accused, the chances of they threatening the material charge sheet witnesses cannot be ruled out. Trial in the case is yet to commence. - 8 - HC-KAR NC: 2025:KHC-D:11108 CRL.A No. 100528 of 2025 C/W CRL.P No. 103101 of 2025 9. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by accused Nos.1 and 3 for regular bail and anticipatory bail respectively cannot be entertained at this stage. Accordingly, the following: ORDER Appeal filed by accused No.1 in Crl.A.No.100528/2025 and Crl.P.No.103101/2025 filed accused No.3 stand dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB/CT-ASC List No.: 1 Sl No.: 18