MOUNESH v. THE STATE OF KARNATAKA

R/BY STATE PUBLIC PROSECUTOR, HIGH COURT, DHARWAD BENCH, DHARWAD-580 011, RON POLICE STATION, TQ. RON, DIST. GADAG.

2. VICTIM. … PETITIONER RAKESH S HARIHAR HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SMT. ANURADHA DESHPANDE, ADVOCATE FOR R2) … RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGED ON BAIL IN SPL.S.C. NO.47/2024 (RON PS CRIME NO.81/2024) PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG FOR THE OFFENCE UNDER SECTION 376(2)(N) OF IPC AND UNDER SECTIONS 4 AND 6 OF POCSO ACT BY ALLOWING THIS CRIMINAL PETITION, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 2 - NC: 2025:KHC-D:10598 CRL.P No. 102221 of 2025 HC-KAR ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

1. Accused in Sessions Case No.47 of 2024 pending before the Court of Additional District and Sessions Judge, Gadag, arising out of Crime No.81 of 2024 registered by Ron Police Station, Gadag District, for offences punishable under Sections 4 and 6 of POCSO Act and Section 376(2)(n) of IPC, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

3. Heard the learned counsel for the parties. FIR in Crime No.81 of 2024 was registered by the Ron Police Station, Gadag for the aforesaid offences against the petitioner herein, based on the information dated

24.05.2024 received from the victim girl, who was aged about 17 years, as on the date of registration of the FIR. During the course of investigation of the said case, petitioner was arrested on 24.05.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed - 3 - NC: 2025:KHC-D:10598 CRL.P No. 102221 of 2025 HC-KAR before the Trial Court in Sessions Case No.47 of 2024 was rejected on 08.04.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that petitioner, who has no criminal antecedents is in custody for the last nearly 15 months. Victim girl and other material charge sheet witnesses have been already examined before the Trial Court. Victim girl in her statement under Section 164 of Cr.P.C. and also during the course of her deposition as PW2 before the Trial Court, has stated that she and the petitioner were in love and her parents and relatives were opposing the same. Petitioner is the sole breadwinner of his family and his continued detention will not only cause hardship to his family members, but the same also may have adverse impact on him. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP and learned counsel appearing for the respondent No.2 have proposed the prayer made in the petition. They submit that victim girl is a minor and she was found to be pregnant. The DNA test report would go to show that petitioner is the biological father of the fetus. Accordingly, they pray to dismiss the petition. - 4 - NC: 2025:KHC-D:10598 CRL.P No. 102221 of 2025 HC-KAR

6. In the first information which is submitted by the victim girl, she has stated that her date of birth is 22.05.2007 and she was acquainted to the petitioner for the last about four years and they were loving each other. About one year earlier her parents came to know about the same and they had advised the petitioner not to come near their house. She has stated that on 10.12.2023 at about 12:00 p.m., petitioner had asked her to come near a field and she had gone to the said place. The petitioner, who was present at the spot, where she was asked to come, allegedly pulled her hand, which was resisted by her and with a promise to marry her, petitioner allegedly had sexual intercourse with her. Thereafter, several times she had gone to the said field and the petitioner had sexual intercourse with her in the said field against her wishes. On 23.05.2024 since she was facing some health problems, she was taken to a hospital and doctors in the hospital informed her that she was pregnant. It is under these circumstances, she had approached the Police on 24.05.2020.

7. Investigation of the case is now completed and the charge sheet has been filed. Victim girl in her statement - 5 - NC: 2025:KHC-D:10598 CRL.P No. 102221 of 2025 HC-KAR recorded in Section 164 of Cr.P.C. and also during the course of her deposition before the Trial Court as PW2 has stated that she and the petitioner were in love and this was being opposed by her parents. The victim girl had gone to the field where the petitioner was waiting for her and allegation against the petitioner is that with a promise to marry her, he had sexual intercourse with her in the said field on multiple occasions and as a result, she had become pregnant. Petitioner was aged about 25 years as on the date he was arrested and victim girl was aged about 17 years as on the date of her first information. Petitioner is in custody for the last 15 months. Out of the 37 charge sheet witnesses cited in the present case, till date 25 charge sheet witnesses are examined as PW1 and PW25. All the material charge sheet witnesses including the victim girl and her parents have been already examined in the present case. Therefore, there cannot be any threat or apprehension that the petitioner may tamper with the material prosecution witnesses. Under the circumstances, I am of the opinion that petitioner’s prayer for regular bail needs to be answered affirmatively. Accordingly, the following: - 6 - NC: 2025:KHC-D:10598 CRL.P No. 102221 of 2025 HC-KAR ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in Sessions Case No.47 of 2024 pending before the Court of Additional District and Sessions Judge, Gadag, arising out of Crime No.81 of 2024 registered by Ron Police Station, Gadag District, for offences punishable under Sections 4 and 6 of POCSO Act and Section 376(2)(n) of IPC, subject to the following conditions: i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - NC: 2025:KHC-D:10598 CRL.P No. 102221 of 2025 HC-KAR iv. The petitioner shall not involve in similar offences in future; v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 14