- 1 - HC-KAR NC: 2026:KHC-D:1106 CRL.A No. 100760 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL NO. 100760 OF 2025 (U/S 14 A(2) OF SC AND ST ACT-) BETWEEN: RAFIQ @ MAHAMMAD RAFIQ S/O SANNA THIPPESWAMY AGE. 24 YEARS, OCC. DRIVER AUTO RICKSHAW, R/O. NEAR BHARATHN GAS GODAWN, HAVAMBHAVI, BALLARI DIST. 583201. …APPELLANT (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH BALLARI WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, DHARWAD 580001. 2. NAGAMMA W/O SHIVAPPA AGE. 48 YEARS, OCC. HOUSE WIFE, R/O. WARD NO.20, PLOT NO.8, 4TH CROSS, RENUKACHARYA NAGAR, OPPOSITE BUDA PARK, BALLARI DIST. 583201. …RESPONDENTS (BY SRI. PRAVEENA DEVAREDDIYAVARA, HCGP FOR R1; NOTICE SERVED TO R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF SC AND ST ACT, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER PASSED BY THE F.T.S.C I JUDGE BALLARI DATED 21.11.2025 ENLARGE THE APPELLANT/ACCUSED NO 3 ON BAIL IN CRIME NO. 130/2025 REGISTERED IN WOMEN POLICE STATION BALLARI, FOR THE OFFENCES UNDER SECTIONS, 351(2), 3 (5) OF BNS AND SECTION 8 AND 12 OF POCSO SECTION 3(1) (w), OF SC/ST ACT, 1989. PENDING TRIAL OF THE CASE BEFORE ADDL DIST AND SESSION JUDGE F.T.S.C-I BALLARI IN THE INTEREST OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1106 CRL.A No. 100760 of 2025 THIS CRIMINAL APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.B. Anwar Basha, learned counsel for the appellant and Sri. Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1-State. 2. Respondent No.2 served with the notice and remained absent. 3. Present appeal is filed with the following prayer: “Wherefore, the appellant most humbly prays that this Hon’ble Court be pleased to allow this Appeal and set aside the order passed by the learned FTSC I Judge Ballari dated 21.11.2025 enlarge the Appellant/Accused no.3 on bail in Crime No.130/2025 registered in Women Police Station Ballari, for the offences under Sections 351(2), 3(5) of BNS and Sections 8 and 12 of POCSO Section 3(1)(w) of SC/ST Act, 1989, pending trial of the case before Addl. Dist and Sessions Judge FTSC I Ballari, in the interest of justice.” - 3 - HC-KAR NC: 2026:KHC-D:1106 CRL.A No. 100760 of 2025 4. Facts in nutshell which are utmost necessary for disposal of the present appeal are as under: 5. A complaint came to be lodged by the respondent No.2 with Women Police Station, Ballari alleging the commission of the following offences: Sections 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 6. During the course of investigation, present appellant was arrested and after thorough investigation, the charge sheet came to be filed for the aforesaid offences. 7. Column No.17 of the charge sheet would reveal that on 25.08.2025 between 12.00 p.m. to 03.00 p.m., the victim girl was called on telephone by the accused No.1 and secured her presence near Anoop garden situated in Havambavi. 8. Other accused persons were present and all of them made the victim girl to consume liquor, smoke cigarette by ganja and made her to lose her consciousness. - 4 - HC-KAR NC: 2026:KHC-D:1106 CRL.A No. 100760 of 2025 Thereafter, they misbehaved with her by touching her private parts and also forced her to visit them to a room for having physical relationship. When the victim girl refused for their offer, all of them gave a threat that her name would be tarnished in the society by posting the videograph of the incident. 9. The appellant/accused No.3 has co-operated with the investigation and offences alleged against him are not grave in nature so as to deny the bail request, and also taking note of the fact that other accused persons have been granted bail, the following: ORDER (i) Appeal is allowed. (ii) Appellant is directed to be enlarged on bail on executing personal bond in a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the learned Special Judge. - 5 - HC-KAR NC: 2026:KHC-D:1106 CRL.A No. 100760 of 2025 (iii) Appellant shall not tamper the prosecution witnesses in any manner. (iv) Appellant shall attend the Court regularly. (v) Appellant shall not leave the jurisdiction of Ballari District without prior permission. (vi) Appellant shall not repeat similar offences. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE SMM, CT:CMU LIST NO.: 2 SL NO.: 2