- 1 - HC-KAR NC: 2026:KHC:13199 CRL.A No. 2008 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 2008 OF 2025 (U/S 14(A) (2)) BETWEEN: 1. RAKESH S/O MUDLAPPA, AGED ABOUT 21 YEARS, R/AT. BETURU VILLAGE, HIRIRYUR TALUK, CHITRADURGA, KARNATAKA – 577 598. …APPELLANT (BY SRI. H M NAVEEN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA ABBINAHOLE POLICE REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE – 560 001. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13199 CRL.A No. 2008 of 2025 2. DR. ANITHA.K OBSTETRICIAN AND GYNECOLOGIST, COMMUNITY HEALTH CENTER, DHARMAPURA VILLAGE, HIRIYUR TALUK – 577 596. …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R1; SRI. HARISH KUMAR, ADVOCATE FOR R2) THIS CRL.A IS FILED U/S 14A(2) OF SC AND ST (POA) ACT PRAYING TO ENLARGE THE APPELLANT ON REGULAR BAIL U/S 439 OF THE CODE OF CRIMINAL PROCEDURE IN CRIME NO.165/2024 AND SPL.C.(POSCO).NO.183/2024 OF ABBINAHOLE POLICE STATION, FOR THE OFFENCES P/U/S PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 U/S 4, 6 OF IPC 1860 U/S SC AND THE ST (PREVENTION OF ATROCITIES) ACT 1989 U/S 3(1)(w)(i), 3(2)(5) PENDING ON THE FILE OF 2ND ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13199 CRL.A No. 2008 of 2025 ORAL JUDGMENT 1. This appeal is filed by the appellant who is the sole accused in Crime No.165/2024 registered by the respondent – Police for the offences punishable under Section 4 and 6 of Prevention of Children from Sexual Offences Act, 2012 (for short POCSO) and under Section 376 of Indian Penal Code (for short IPC) and under Section 3(1)(w)(i) and 3(2)(5) of Scheduled Caste and Scheduled Tribes (Prevention of Attorcities Act, 1989 (for short SC & ST (PoA) Act). Factual matrix of the case: 2. The case of the prosecution is that the victim used to go to Dharmapura Village, Hiriyur Taluk, Chitradurga District from Bethuru, Chitradurga District during August-2023 to December-2023 to learn computer. At that time, the accused made friendship with her and they started loving each other. It is stated that the appellant used to take her in his Tata Ace vehicle and he used to commit sexual assault on her. On 21.04.2024 her marriage was performed with one Praveen Kumar. After the marriage, victim’s health condition was not good. Hence, she was taken to Government Hospital, Sira. - 4 - HC-KAR NC: 2026:KHC:13199 CRL.A No. 2008 of 2025 There the Doctor confirmed the pregnancy of victim as five (05) months. On 30.09.2024 the victim gave birth to a child. 3. Heard Sri. H.M. Naveen, learned counsel for the appellant and Sri. Rangaswamy, learned High Court Government Pleader for respondent No.1-State and Sri. Harish Kumar, learned counsel for respondent No.2. 4. Learned counsel for the appellant submits that the appellant is innocent of the alleged offences. The allegations made against the appellant are bald and baseless. In fact, the appellant is aged about 21 years and he is a resident of Bethuru Village, Chitradurga District. The D.N.A report has to be secured to prove as whether the appellant is the biological father of the baby or not. At this stage, the appellant may be enlarge on bail by imposing suitable conditions. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the appellant prays to allow the appeal. 5. Per Contra, the learned High Court Government Pleader for respondent vehemently submitted that Statement - 5 - HC-KAR NC: 2026:KHC:13199 CRL.A No. 2008 of 2025 of the victim clearly indicates that the appellant had committed sexual assault on the victim. On 21.04.2024, after attaining the age of 18 years, the victim had married one Sri. Praveen Kumar. However, after a month of the marriage she was diagnosed as pregnant for five (05) months. Therefore, the appellant is not entitled for the relief as prayed for. Making such submissions, learned High Court Government Pleader for respondent prays to dismiss the appeal. 6. Heard learned counsel for the respective parties and perused the averments of the complaint. It appears from the records that, after completing S.S.L.C, the victim girl was going to learn computer at Dharmapura Village. There she got acquainted with the appellant. Both the victim and the appellant had developed intimacy, she had been subjected to sexual assault on several occasions by the appellant, consequently, the victim got pregnant. Due to difference of opinion between the victim and the appellant, they were not in a good terms. In the mean time, the victim girl married one Sri. Praveen Kumar as per the customs and rituals. After a month from the marriage, the victim girl had some health - 6 - HC-KAR NC: 2026:KHC:13199 CRL.A No. 2008 of 2025 issues and she was taken to Government Hospital for treatment, there the Doctor confirmed that the victim was pregnant for five (05) months. 7. Be that as it may, both the parties are present before this Court. On consultation, the family members of the appellant expressed their willingness for marriage with the victim. In the mean time, the victim girl also expressed her willingness for marriage with the appellant. 8. Having considering the facts and circumstances of the case and also in order to maintain quietus in the family, it is appropriate to grant bail for the purpose of securing the ends of justice. 9. Hence, I proceed to pass the following: ORDER 1. This Criminal Appeal is allowed. 2. The appellant is enlarged on bail in Crime No.165/2024 filed by the respondent – Police for the offences punishable Section 4 and 6 of POCSO Act, 2012 and under Section 376 of I.P.C and under Section 3(1)(w)(i) and - 7 - HC-KAR NC: 2026:KHC:13199 CRL.A No. 2008 of 2025 Police for the offences punishable section 4 and 6 of POCSO Act, 2012 and under section 3(1)(W)(I) and 3(2)(5) of SC & ST (PoA) Act, on executing a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum of the satisfaction of the Trial Court. 3. The appellant shall not commit any similar offence till disposal of the case. 4. The appellant shall appear before the Trial Court on all hearing dates, without fail. 5. The appellant shall not tamper the prosecution witnesses. In case, if, the appellant violates any of the bail conditions mentioned above, liberty is reserved to the prosecution to take appropriate steps for cancellation of the bail. Sd/- (S RACHAIAH) JUDGE NM