- 1 - HC-KAR NC: 2026:KHC:12453 CRL.A No. 367 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 367 OF 2026 (U/S 14(A) (2)) BETWEEN: YOGISHA K M S/O MANJUNATHA, AGED 23 YEARS, R/O H.D. DEVEGOWDA BADAVANE, BEHIND LIC OFFICE, KADUR, CHIKKAMAGALURU- 577548 …APPELLANT (BY SRI. V D RAVIRAJ., ADVOCATE) AND: 1. THE STATE OF KADUR POLICE KADUR POLICE, CHIKKAMAGALURU REPRESENTED BY S.P.P. HIGH COURT BUILDING, BANGALORE. 2. VICTIM MINOR, REPRESENTED BY HER MOTHER AND TURAL GUARDIAN SMT. NALINI, AGED ABOUT 44 YEARS, R/O H.D. DEVEGOWDA BADAVANE, NEAR LIC OFFICE, KADUR, CHIKKAMAGALURU- 577 548. …RESPONDENTS (BY SRI. M.DIVAKAR MADDUR., HCGP FOR R1) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12453 CRL.A No. 367 of 2026 THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATE 20.12.2025, CONSEQUENTLY ALLOW THE APPLICATION FOR GRANT OF BAIL TO THE APPELLANT IN SPL.C.(P) NO.134/2025 (CR.NO.265/2025) ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 AT CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 65(1). 64(2)(m) AND 351(2) OF BNS, SECTIONS 4(2) AND 6 OF POCSO ACT AND SECTIONS 3(1)(w) (i) (ii) AND 3(2) (va) OF SC/ST (P.O.A)ACT, REGISTERED IN KADUR P.S., PENDING DISPOSAL OF THE SAID CASE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL JUDGMENT The accused/appellant is before this Court in this appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "SC/ST Act, 1989"), being aggrieved by the order dated 20.12.2025 passed in SPL.C.(P).No.134/2025 on the file of the Additional District and Sessions Court FTSC-1, Chikkamagaluru, by which the bail application filed by the accused/appellant herein under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS Act, 2023") has been rejected. - 3 - HC-KAR NC: 2026:KHC:12453 CRL.A No. 367 of 2026 2. The allegation against the accused/appellant is that on 22.07.2025, he with the knowledge of the victim being below 16 years of age belonging to the Scheduled Caste community, had forcibly taken her to the house belonging to his aunt and has repeatedly committed sexual assault on her, leading to her pregnancy. It is also alleged that he had intimidated and threatened her, putting life of her mother and grandmother in danger. The Trial Court considering the serious nature of allegations made against the accused/appellant and severity of the punishment prescribed thereto declined to grant the relief as prayed for. 3. Learned counsel for the accused/appellant submits that he has been falsely implicated in the present case. There is no allegation of physical violence or forcible assault made on the victim. The investigation has been completed, the charge sheet has already been filed and the accused/appellant is not required for custodial interrogation, his continued detention would serve no purpose. That the accused/appellant is aged about 23 years, having no previous criminal antecedents. Hence, seeks for allowing of the appeal. - 4 - HC-KAR NC: 2026:KHC:12453 CRL.A No. 367 of 2026 4. Learned High Court Government Pleader on the other hand, submits that the accused/appellant, who was acquainted with the victim, knowing fully about her age and that she belongs to the Scheduled Caste community, has repeatedly committed sexual assault on her , which she has revealed to her mother and later discovered that she was 21/ 2 month pregnant. The allegations and consequences of the same are true and severe, as such the accused/appellant is not entitled for the bail. If the accused/appellant is granted bail, there is every possibility of absconding, threatening and tampering the prosecution evidence. Hence, he seeks for rejection of the appeal. 5. Heard learned counsel for the appellant, learned High Court Government Pleader for the respondent-State and perused the records. 6. The victim in her complaint dated 20.09.2025 as well as in her statement recorded under Section 183(5) of the BNSS Act before the Jurisdictional Magistrate has reiterated the allegations of accused/appellant repeatedly sexually assaulting - 5 - HC-KAR NC: 2026:KHC:12453 CRL.A No. 367 of 2026 her under the threat of causing harm to her mother and grandmother. She has repeated the same even before the Medical Officer while narrating the incident as found at page No.54 of the appeal papers. She has categorically stated about accused/appellant forcibly having sexual intercourse on her twice under the threat of killing her mother and grandmother, if she fails to act according to his advice. She has also spoken about she missing her periods and her mother taking her to doctor, where she was found to be 21/ 2 month pregnant. 7. The materials placed on record by the prosecution would indicate consistency in the victim's version, prima-facie establishing accused/appellant allegedly inflicting repeated sexual assault on her under the constant threat of endangering the life of her mother and grandmother. The victim being aged of 16 years is forced to undergo the severe physical and mental trauma of being abused by the accused/appellant as taken note by the trial Court the accused/appellant further subjecting the victim with threat and intimidation influencing the course of trial cannot be ruled out. - 6 - HC-KAR NC: 2026:KHC:12453 CRL.A No. 367 of 2026 8. In the light of the serious allegations and the severity of the consequences of the matter, this Court does not find any grounds to interfere. Hence, the appeal stands rejected. Sd/- (M.G.S. KAMAL) JUDGE GJM List No.: 1 Sl No.: 17