- 1 - NC: 2025:KHC-K:1559 CRL.P No. 200322 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200322 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: KUMAR S/O GOVINDA JADHAV, AGE:30 YEARS, OCC: DRIVER, R/O. CHAMNALLI THANDA, TQ. DIST. YADGIRI. …PETITIONER (BY SRI SHIVAKUMAR KALLOOR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH YADGIRI WOMEN POLICE STATION, YADGIRI DIST. YADAGIRI-585201, THROUGH ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH. 2. RAJU S/O LAXMAN CHAVAN, AGE:38 YEARS, OCC: AGRICULTURE, R/O. CHAMANALLI THANDA, TQ. DIST. YADGIRI-585201. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN,HCGP FOR R1; SRI RAJESH G. DODDAMANI AND SMT. TRIVENI B. MATH, ADVOCATES FOR R2) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C(OLD) U/S 483 OF BNSS(NEW) PRAYING TO ALLOW THE BAIL PETITION AND RELEASE THE ACCUSED PETITIONER ON REGULAR BAIL IN CRIME NO. 33/2024 OF WOMENS POLICE STATION YADGIRI IN Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1559 CRL.P No. 200322 of 2025 SPL. CASE NO. 267/2024 PENDING BEFORE THE DISTRICT AND SESSIONS JUDGE AT YADGIRI FOR THE OFFENCES PUNISHABLE 363, 506, 376(3) AND 376/2(n) OF IPC ACT AND SEC 4 AND 6 OF POCSO ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the petitioner seeking to release him on bail in Crime No.33/2024 for the offences under Sections 363, 506, 376(3) and 376(2)(n) of IPC and Section 4 and 6 of POCSO Act, 2012. 2. Heard Sri Shivakumar Kalloor, learned counsel for the petitioner, Sri Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1 and Sri Rajesh G. Doddamani and Smt. Triveni B. Math, learned counsel for respondent No.2. Brief facts of the case: 3. It is case of the prosecution that a complaint came to be registered by father of the victim stating that his daughter had been kidnapped by the petitioner on - 3 - NC: 2025:KHC-K:1559 CRL.P No. 200322 of 2025 18.06.2024. In spite of the search having been made in different places, he could not find her whereabouts. Hence, he filed a complaint before the respondent-police to initiate suitable action against the petitioner and also requested them to search his daughter. The jurisdictional police after registering the case, secured the presence of the victim and recorded her statement. 4. The statement of the victim would indicate that she studied up to 7th Standard and discontinued her studies. Thereafter, she was assisting the household works of the family members. It is stated that the petitioner used to follow her and also informed her that he is loving her and also requested her to marry him. Though, she disclosed that she was a minor and not in a position to give consent for the same, on 08.04.2024 he entered her house and took her to the field and stated to have committed sexual assault on her. Again on 18.06.2024 around 2 p.m. he kidnapped her on his motor cycle on the pretext of marriage and took her to Bombay and stayed together. She further stated that the petitioner stated to - 4 - NC: 2025:KHC-K:1559 CRL.P No. 200322 of 2025 have sexual assault on her when she was staying with him in Bombay. Thereafter, she was rescued by the jurisdictional police. The jurisdictional police after conducting the investigation submitted the charge sheet. 5. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences and she has not disclosed her actual age. In fact she has discontinued her studies after 7th standard and she was insisting him that he should marry her. 6. It is further submitted that though she stated that she had been subjected to sexual assault there is no proof for the same. Merely because she was staying with him, that cannot be construed that she had been subjected to sexual assault. 7. It is further submitted that the petitioner is in judicial custody since nine months. He is the earning member of the family and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. - 5 - NC: 2025:KHC-K:1559 CRL.P No. 200322 of 2025 8. Per contra, learned counsel for respondent No.2 vehemently opposed the said submission and he further submitted that the petitioner being aged about 30 years, stated to have induced the minor girl and kidnapped her and committed sexual assault on her. She was secured by the respondent-police. Thereafter, she made her statement before the respondent-police and also narrated the incident of sexual assault. Such being the fact, it is not appropriate to grant him bail. Making such submissions, he prays to reject the bail. 9. The learned HCGP adopted the arguments advanced by the learned counsel for respondent No.2 and he further submitted that since it is an offence made against the minor and it is a rampant issue in this jurisdiction, it is not appropriate to grant him bail. Making such submissions, he prays to dismiss the petition. 10. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet and also the complaint, it appears that the victim studied up to 7th Standard and she has discontinued - 6 - NC: 2025:KHC-K:1559 CRL.P No. 200322 of 2025 her studies thereafter. Though the record would indicate that she is aged about fourteen years eleven months, the fact remains that, whether she had been subjected to sexual assault or not, is a matter required to be considered during trial. Be that as it may, after having gone through the materials available on record without adverting the merits of the case, it is appropriate to grant him bail with suitable conditions that would take care of the apprehension of the prosecution. 11. As per the statement of the prosecutix, she was allowing the petitioner and she voluntarily accomplished him to Bombay and stayed there along with him till secured by the respondent-Police. Having considered the facts and circumstances of the case without adverting the merits of the case, it is appropriate to grant him bail by imposing suitable conditions. 12. Hence, I proceed to pass the following: ORDER i. The criminal petition is allowed. - 7 - NC: 2025:KHC-K:1559 CRL.P No. 200322 of 2025 ii. The petitioner is enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/-, with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a. The petitioner shall not threaten or hamper the prosecution witnesses. b. The petitioner shall not leave the jurisdiction of the Court till its disposal. c. The petitioner shall not involve in any other criminal cases or such similar cases in future till disposal of the present case. d. The petitioner shall appear before the Trial Court on all dates of hearing without fail. Sd/- (S RACHAIAH) JUDGE TMP List No.: 1 Sl No.: 11 CT:PK