- 1 - HC-KAR NC: 2025:KHC-D:17742 CRL.P No. 104611 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104611 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RAVI S/O. PRASHANT TALWAR AGED ABOUT 19 YEARS, OCC. AGRICULTURAL COOLIE, R/O. ANNIGERI, TQ. ANNIGERI, DIST. DHARWAD, NOW RESIDING AT K.H. PATIL COLONY, CHIKKAHANDIGOLA-582205, TALUKA AND DIST. GADAG. …PETITIONER (BY SRI. VIJAY S.CHINIWAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH GADAG RURAL POLICE STATION, GADAG SUB-DIVISION, DIST. GADAG - 582101. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. 2. NAGAVVA W/O. HANAMANTHAPPA VALMIKI, AGED ABOUT 46 YEARS, OCC. HOUSEWIFE, NOW RESIDING AT K.H. PATIL COLONY, CHIKKAHANDIGOLA – 582205, TALUKA AND DIST. GADAG. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. SADANAND M.K., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE PETITION BY ENLARGING THE PETITIONER ON BAIL (IN GADAG RURAL P.S. CRIME NO.112/2025) IN S.C.(POCSO) NO.68/2025 FOR ALLEGED OFFENCES UNDER SECTION 64(2)(M), 351(2) OF BNS 2023 AND UNDER SECTION 4 AND 6 OF POCSO ACT 2012, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17742 CRL.P No. 104611 of 2025 THIS CRIMINAL 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 present petitioner being the sole accused in Crime No.112/2025 registered by the respondent No.1- Police for the offences under Sections 64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 before this Court seeking regular bail. Brief facts of the case: 2. The case of the prosecution is that, the mother of the victim has lodged a complaint stating that her daughter who is the victim in this case was aged about 17 years and she was studying in I PUC at Gadag. It is stated that her daughter was not getting her periods properly. On enquiry, she came to know that the petitioner was insisting the victim that he was loving her and he had assured that he will marry her. - 3 - HC-KAR NC: 2025:KHC-D:17742 CRL.P No. 104611 of 2025 3. On 26.11.2024, around about 3:00 pm the petitioner had invited the victim to his house and it is stated that, he had committed sexual assault on her in spite to her resistance. Consequently, she became pregnant. Therefore, a complaint came to be registered against the petitioner. 4. The respondent No.1-Police after conducting investigation, submitted the charge sheet. 5. Heard Sri.Vijay S.Chiniwar, learned counsel for the petitioner, Sri.Jairam Siddi, learned High Court Government Pleader for respondent No.1-State and Sri.Sadanand M.K., learned counsel for respondent No.2. 6. The submission of the learned counsel for the petitioner is that, the petitioner is innocent of the alleged offences. In fact, he was not aware about the actual age of a victim. The victim and the petitioner were loving each other and also they were intending to marry each other. However, due to misconception of facts, the complainant has lodged a complaint. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. He will - 4 - HC-KAR NC: 2025:KHC-D:17742 CRL.P No. 104611 of 2025 abide by the conditions that may be imposed by this Court in the event of his release 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 has committed heinous offence on the victim, even though he knew that she was minor. As the petitioner had committed sexual assault on a minor girl, it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. 8. Learned counsel for respondent No.2 submitted that, both the complainant and the victim girl have made their statements that the petitioner has to be released. 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 is stated to be the resident of the same village of the complainant. The allegations made against him are that, he had committed sexual assault on the victim, consequently, - 5 - HC-KAR NC: 2025:KHC-D:17742 CRL.P No. 104611 of 2025 she became pregnant, therefore, a case has been registered against the petitioner. 10. Today, the victim and the complainant are present before this Court. Both have made their statements that the petitioner has to be released. Further, the victim had expressed her willingness to marry the petitioner in an interest of the child. Considering the said development and also the welfare of the child, it is appropriate to grant relief as prayed for. 11. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.112/2025 registered by the respondent No.1-Police for the offences under Sections 64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012, on - 6 - HC-KAR NC: 2025:KHC-D:17742 CRL.P No. 104611 of 2025 executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) 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 RH/CT: UMD List No.: 2 Sl No.: 46