- 1 - NC: 2025:KHC-K:1558 CRL.P No. 200312 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. 200312 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: BASAVARAJ S/O HUSENAPPA, AGE:35 YEARS, OCC: AGRICULTURE, R/O. GOUDANABHAVI CAMP, GOUDANABHAVI VILLAGE, NORTH, TQ. MASKI, DIST. RAICHUR …PETITIONER (BY SRI AVINASH A. UPLAONKAR, ADVOCATE) AND: 1. THE STATE THROUGH, BALAGANOOR STATION POLICE STATION, DIST. RAICHUR NOW REPRESENTED, ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. MAHALINGAPPA S/O YAMANAPPA, (VICTIM FATHER ), AGE:40 YEARS, OCC: FARMER, R/O. GOUDANBHAVI CAMP, TQ. MASKI, DIST. RAICHUR. …RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP FOR R1; R2 SERVED) THIS CRL.P. IS FILED U/S. 483 OF BNSS, PRAYING TO RELEASE THE ACCUSED/ PETITIONER ON BAIL IN SPL.C.NO. 5370/2024 (CRIME NO. 72/2024 OF BALAGANOOR POLICE STATION, DIST. RAICHUR) FOR THE OFFENCES PUNISHABLE Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1558 CRL.P No. 200312 of 2025 U/SEC. 376 AND 506 OF IPC AND SEC. 4 AND 6 OF POCSO ACT, 2012, PENDING BEFORE THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT RAICHUR, SITTING AT SINDHANUR. 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.72/2024 for the offences under Sections 376 and 506 of IPC and Section 4 and 6 of the POCSO, 2012. 2. Heard Sri Avinash A. Uplaonkar, learned counsel for petitioner and Gopal Krishna Yadav, learned High Court Government Pleader for respondent No.1 – State. Brief facts of the case: 3. It is the case of the prosecution that the complaint came to be registered on 17.06.2024 at about 3.30. p.m., alleging that the prosecutix had been subjected to sexual assault by the petitioner by taking - 3 - NC: 2025:KHC-K:1558 CRL.P No. 200312 of 2025 advantage of relationship between the petitioner and herself. Consequently, she became pregnant, therefore, she lodged the complaint. The jurisdictional police have registered a case in Crime No.72/2024. After conducting the investigation and submitted the charge sheet. 4. It is the submission of the learned counsel for the petitioner that though the petitioner has been arrayed as accused in this case, the facts remains that, the DNA report would indicate that the petitioner was not responsible for the fetus. Hence, he is entitled for bail. 5. It is further submitted that he is the earning member of the family, he has to take care of aged mother and also sisters and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned HCGP vehemently opposed the said petition and he further submitted that offences are heinous in nature, the victim is aged about 17 years and she is minor and handicapped. The petitioner was - 4 - NC: 2025:KHC-K:1558 CRL.P No. 200312 of 2025 residing with her in the same house and taking advantage of said relationship, he has committed sexual assault against the minor, consequently, she became pregnant. Therefore, it is not appropriate to grant him bail. In case, if the petition is allowed there is likelihood of tampering the prosecution witness. Hence, the petition may be rejected. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears that the petitioner is the relative/maternal uncle of the victim. Both petitioner and victim were residing in the same house. It is alleged that she has been subjected to sexual assault on several occasions, consequently, she became pregnant. However, the DNA test would indicate that he is not the biological father of the said fetus. Having considered the said DNA report, it is appropriate to grant him bail by imposing suitable conditions. 8. Hence, I proceed to pass the following: - 5 - NC: 2025:KHC-K:1558 CRL.P No. 200312 of 2025 ORDER i. The criminal petition is allowed. ii. The petitioner is ordered to be enlarged on bail on executing 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 hamper the proceedings of the Trial Court in any manner. b. The petitioner shall not threaten or tamper the prosecution witnesses. c. 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.: 10 CT:PK