- 1 - HC-KAR NC: 2025:KHC:37395 CRL.A No. 924 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 924 OF 2025 (U/S 14(A) (2)) BETWEEN: AADU @ AADI @ INFANT ADARSHA S/O ALEXANDER RAVIKUMAR AGED ABOUT 27 YEARS OCC PAINTER PRESENT RESIDENT NEAR BHUVANESHWARI CIRCLE MUNICIPAL COLONY, KELAGOTE CHITRADURGA-577 501 PERMANENT ADDRESS BEHIND VENKATARAMANA TEMPLE TIPPAJI CIRCLE, KELAGOTE CHITRADURGA - 577 501 …APPELLANT (BY SRI.H.M.NAVEEN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHITRADURGA WOMEN POLICE STATION COMPLAINANT R CHITRADURGA EXTENSION CIRCLE CHITRADURGA - 577 501 (REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37395 CRL.A No. 924 of 2025 HIGH COURT BUILDINGS BENGALURU 560 001) 2. ROOPA U. D/O UMAPATI AGED ABOUT 31 YEARS OCC TAILOR R/O BHUVANESHWARI CIRCLE MUNICIPLE COLONY KELAGOTE CHITRADURGA TOWN CHITRADURGA 577 501 …RESPONDENTS (BY SMT.PUSHPALATHA B. ADDL. SPP FOR R1) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC AND ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 23.01.2025 IN SPL.C (SC/ST) NO.41/2024 PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE, CHITRADURGA CONSEQUENTLY TO ENALRGE THE APPELLATE/ACCUSED ON BAIL IN SPL. CASE (SC/ST) NO.41/2024 PENDING ON THE FILE OF SPECIAL, 2ND ADDL.DISTRICT AND SESSIONS JUDGE, CHITRADURGA (CHARGE SHEETED FOR THE O/P/U/S 351(2), 115, 64 BNS, 2023, (CORRESPONDING PROVISION 506, 323, 376(1) IPC) AND SECTION 3(2)(5), 3(1)(W)(I)(II) OF SC/ST (POA) ACT 1989 IN CRIME NO.114/2024 OF CHITRADURGA WOMEN POLICE STATION, CHITRADURGA) PENDING THE TRAIL. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC:37395 CRL.A No. 924 of 2025 ORAL JUDGMENT This appeal is filed by the appellant seeking for regular bail in Crime No.114/2024 passed in Spl.C(SC/ST) No.41/2024 on the file of Special, 2nd Additional District and Sessions Judge, Chitradurga, for the offence punishable under Section 351(2), 115 and 64 of BNS, 2023 and Section 3(2)(5), 3(1)(w)(i)(ii) of SC/ST (POA) Act, 1989. 2. It is a case of the prosecution that the complainant studied up to S.S.L.C and thereafter, she was doing tailoring work in the house. On 11.09.2024 at about 10.00 A.M when she went to upstairs of her house to switch the motor, one Adu @ Adhi S/o Ravi who was staying at upstairs suddenly took her forcibly inside his house and committed sexual assault on her and also he made videos of the said incident. 3. It is further submitted that he took nude pictures of her from his mobile phone. When she resisted, he slapped her and threatened her that the said photos and videos would be uploaded in the media or facebook etc. However, he was demanding an amount of Rs.50,000/- to delete those pictures and videos from his mobile phone. Thereafter, being frustrated - 4 - HC-KAR NC: 2025:KHC:37395 CRL.A No. 924 of 2025 by the act of the appellant she consumed poison and became unconscious. She regained her consciousness in the hospital. 4. A complaint came to be registered on 18.09.2024 and the appellant was arrested on 19.09.2024. 5. It is the submission of the learned counsel for the appellant that the alleged incident is stated to have taken place on 11.09.2024. However, a complaint came to be registered on 18.09.2024, when the appellant had demanded amount of Rs.50,000/- to delete the obscene videos and also nude pictures of the victim. Therefore, the ingredients in respect of offence stated supra are not attracted against the appellant on the given facts and circumstances. Hence, he may be enlarged on bail. 6. Per Contra, the learned High Court Government Pleader, vehemently, submitted that though the victim had not lodged the complaint at the earliest there are various factors which restrained her to lodge immediate complaint. That may not be the sole criteria to consider the bail application. In fact, the appellant had committed heinous offence against an - 5 - HC-KAR NC: 2025:KHC:37395 CRL.A No. 924 of 2025 unmarried woman and also threatened her that he would upload the videos in the facebook account. Therefore, he is not entitled for any relief as prayed for. 7. Having heard the learned counsels for the respective parties it appears from the record that the appellant and the victim were residing in the same building. The appellant is stated to have committed sexual intercourse on the victim by pulling her inside the house when she was going to switch on the motor. The age of the victim is thirty years. Therefore, it is appropriate to allow the appeal without adverting the merits of the case. Hence, I proceed to pass the following: ORDER i. The Criminal Appeal is allowed. ii. The judgment passed in Spl.C(SC/ST) No.41/2024 on the file of Special, 2nd Additional District and Sessions Judge, Chitradurga, for the offence stated supra, is hereby, set aside. - 6 - HC-KAR NC: 2025:KHC:37395 CRL.A No. 924 of 2025 iii. The appellant is enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- with one surety to the like sum of the satisfaction of the Trial Court. Sd/- (S RACHAIAH) JUDGE NM List No.: 2 Sl No.: 14