- 1 - HC-KAR NC: 2026:KHC-D:392 CRL.P No. 104619 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104619 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KARTIK S/O RAMESH GOULI AGE 24 YEARS, OCC. PRIVATE WORK R/O. MYAGERI ONI, SHIRAHATTI, TQ SHIRAHATTI DIST GADAG 582120 …PETITIONER (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY C.P.I SHIRAHATTI POLICE STATION, TQ SHIRAHATTI, DIST GADAG 582120 REP THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, AT DHARWAD 580011. 2. PADMA KOM RAJAPPA ARKASALI AGED 40 YEARS, OCC. COOLIE, R/O. HARIPUR, TQ SHIRAHATTI, DIST GADAG 582120. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; NOTICE SERVED TO R2) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C., PRAYING TO THE PETITIONER/ACCUSED MAY KINDLY BE ORDERED TO BE RELEASED ON BAIL IN S.C. NO. 84/2025 (CRIME NO. 0087/2025 OF SHIRAHATTI POLICE STATION) PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG FOR OFFENCES PUNISHABLE UNDER SECTIONS 4 AND 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND UNDER SECTION 64(2) OF BNS, 2023. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:392 CRL.P No. 104619 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Vishwanath Hegde, learned counsel for the petitioner and Sri. P. N. Hatti, learned High Court Government Pleader for respondent No.1-State. 2. Respondent No.2 served with the notice and remained absent. 3. This petition is filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the following prayer: Wherefore, it is respectfully prayed before this Hon’ble Court that: a) The petitioner/accused may kindly be ordered to be released on bail in S.C.No.84/2025 (Crime No.87/2025 of Shirahatti Police Station) pending on the file of Additional District and Sessions Judge, Gadag for offences punishable under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 64(2) of BNS, 2023. b) Such other relief as this Hon’ble Court deems fit may kindly be granted.” - 3 - HC-KAR NC: 2026:KHC-D:392 CRL.P No. 104619 of 2025 4. Facts in nutshell which are utmost necessary for disposal of the present petition are as under: 5. Respondent No.2 being the mother of the victim girl lodged the complaint before Shirahatti Police Station on 28.05.2025 alleging that the accused was acquainted to the victim girl through her aunt namely Ratnavva. He used to pester the victim girl to have a love affair with him which was refused by the victim girl. 6. When the victim girl visited to her aunt’s house on 13.03.2025 in the afternoon, her aunt was not present and she had been to some other place and taking the advantage of the loneliness of the victim, petitioner herein entered the house of aunt of the victim girl and indecently touched her body parts and in the guise of marrying her, disrobed her and had a forcible sexual intercourse at about 01.30 p.m. 7. It is further alleged that the petitioner told the victim girl that the incident should not be revealed to anybody as he is going to marry her. - 4 - HC-KAR NC: 2026:KHC-D:392 CRL.P No. 104619 of 2025 8. Later on the petitioner had such intercourse repeatedly whereby the victim girl became a pregnant of three months and on enquiry by her mother, she revealed the physical relationship that the petitioner had with the victim girl. 9. Based on the complaint, the police registered the case in Crime No.87/2025 against the petitioner herein for the offences punishable under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 64(2) of Bhartiya Nayay Sanhita, 2023. The police after thorough investigation, filed the charge sheet. 10. Attempt made by the petitioner to obtain an order of bail is turned down by the learned Special Judge, Gadag. Thereafter, the petitioner is before this Court. 11. Learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contented that it is a case of love affair and unnecessarily petitioner has been implicated in a false accusation made by the mother of the - 5 - HC-KAR NC: 2026:KHC-D:392 CRL.P No. 104619 of 2025 victim girl in order to maintain dignity of the family and therefore, sought for grant of bail. 12. He would further contend that the delay in lodging the complaint is to be noted, inasmuch as, the incident according to the complaint has taken place on 13.03.2025 and the complaint came to be lodged on 28.05.2025 wherein, it has been stated that the victim girl is three months pregnant which is highly impermissible if 13.03.2025 is the date of the first physical relationship between the accused and the victim girl. Therefore, continuation of the accused in judicial custody is no longer warranted. 13. Learned High Court Government Pleader for respondent No.1-State opposes the bail grounds by contending that admittedly victim girl is a minor aged about 17 years and therefore, assuming for a moment that there was a love affair and consensual sex, the same cannot be countenanced in law in view of the authoritative principles of law laid down by the Hon'ble Apex Court in the case of - 6 - HC-KAR NC: 2026:KHC-D:392 CRL.P No. 104619 of 2025 Independent Thought Vs. Union of India and Another1, and sought for dismissal of the bail petition. 14. Having heard the arguments of both sides, this Court perused the material on record meticulously. 15. On such perusal of the material on record, it is evident that when the victim girl was taken to the medical examination before the doctor, she has specifically revealed about the incident that has occurred and the physical relationship that was existing between the petitioner and the victim girl, in clear and categorical terms in consonance with the complaint averments. 16. Further, when victim girl was examined she was already three months pregnant and the police after thorough investigation have filed charge sheet collecting the necessary information. 17. The fact remains that, the victim being aged 17 years, consensual sex, if any, that has been propounded by the petitioner cannot be countenanced in law in view of the 1 (2017) 10 SCC 800 - 7 - HC-KAR NC: 2026:KHC-D:392 CRL.P No. 104619 of 2025 principles of law enunciated in the case of Independent Thought (supra). 18. Accordingly, at this stage the petitioner is not entitled for grant of bail by resorting to the special powers vested in this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 19. However, if there is a positive change in circumstances of the case, especially after the examination of the victim girl before the Trial Court, the petitioner may renew his request for grant of bail with successive bail application. 20. With that liberty, the following: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM / CT-CMU LIST NO.: 1 SL NO.: 2