IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21^ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200510 OF 2025 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. PRASHANT S/O ERANNA DHAREPGOL, AGE:43 YEARS, OCC: DOCTOR, R/O. PLOT NO.15/16, AMRUT SPARSH HOSPITAL, BESIDE OVERBRIDGE, BIDDAPUR COLONY, KALABURAGI-585107.

2. BHUVANESHWARI W/O PRASHANT DHAREPGOL, AGE:41 YEARS, OCC: DOCTOR, R/O. PLOT NO.15/16, AMRUT SPARSH HOSPITAL, BESIDE OVERBRIDGE, BIDDAPUR COLONY, KALABURAGI-585107.

…PETITIONERS (BY SRI RAJESH DODDAMANI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH, ASHOK NAGAR POLICE STATION, KALABURAGI CITY, NOW REPRESENTED BY ADDITIONAL SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH–585103.

2. THE STATION HOUSE OFFICER, SATARA TALUKA POLICE STATION, DIST. SATARA, MAHARASHTRA STATE.

…RESPONDENTS (BY SRI SIDDALING P. PATIL, ASSP FOR R1;

V/O DATED 21.03.2025 SERVICE OF NOTICE TO R2 IS DISPENSED WITH)

THIS CRL.P. IS FILED UNDER SECTION 482 OF BNSS,2023 PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH FIR NO.0409/2024 OF SATARA TALUKA POLICE STATION (MAHARASHTRA STATE) REGISTERED FOR THE OFFENCES UNDER SECTIONS 376, 376(2)(n), OF INDIAN PENAL CODE AND UNDER SECTIONS 4, 8 AND 12 OF POCSO ACT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH)

1. The petitioners are before this Court seeking anticipatory bail in Crime No.409/2024 of Satara Taluka Police Station registered for the offences punishable under Sections 376, 376(2)(n) of IPC and under Sections 4, 8 and 12 of POCSO Act.

Brief facts of the case:

2. It is the case of the prosecution that Smt.Channamma Shivputra Totnak has filed a complaint alleging that her minor daughter aged about 17 years has been sexually assaulted by Rakesh Krushna Sonkamble. A case came to be registered in Crime No.409/2024 by Satara Taluka Police Station. During investigation, it is stated that the victim had been examined by the petitioners, when she visited the hospital, namely, Amrut Sparsh Hospital situated at Kalaburagi. Based on the statement of the victim, the Satara Taluka Police Station had issued summons to the petitioners to appear before them for interrogation or investigation.

3. Heard Sri.Rajesh Doddamani, learned counsel for the petitioners and Sri.Siddaling P.Patil, learned Additional State Public Prosecutor for the respondent No.1 – State.

4. It is the submission of the learned counsel for the petitioners that the petitioners are Doctors. They are having deep root in the society and they are permanent residents of Kalaburagi. As per the summons, the petitioners have to appear before the Satara Taluka Police Station and they have to assist or co-operate with the investigation. There may be chances of being arrested in that case, therefore, a transit anticipatory bail may be granted to the petitioners to go and appear before the Investigating Officer at Satara Taluka Police Station, Maharashtra and also accommodate them to approach the jurisdictional Court for necessary relief.

5. Per contra, the learned Additional State Public Prosecutor vehemently opposed the said submissions and he further submitted that petitioners may approach the jurisdictional police for the purpose of investigation and they have not been arraigned as accused. Such being the case, granting transit anticipatory bail is not appropriate and not proper. Hence, the same may be rejected.

6. Having heard the learned counsel for the respective parties and also gone through the summons issued by the Satara Taluka Police Station and having gone through the translated copies of the documents, it appears that petitioners have been summoned to appear before them for interrogation.

7. In this context, it is appropriate to refer the judgment of the Hon'ble Supreme Court in the case of PRIYA INDO