IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13^TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101702 OF 2025 (439(Cr.PC)/483(BNSS))

BETWEEN:

1. SHRI. LAGAMANNA S/O. NAGAPPA KHADDI, AGE: 24 YEARS, OCC: WORKING IN HOTEL, R/O: JODAKURULI, VASCODINAGAR, TQ: CHIKKODI, DIST: BELAGAVI – 591 213.

2. SHRI. BALESH S/O. SIDDAPPA SANKRATTI, AGE: 21 YEARS, OCC: AGRICULTURE, Digitally signed by ASHPAK KASHIMSA R/O: JODAKURULI, VASCODINAGAR, MALAGALADINNI Location: High Court TQ: CHIKKODI, of Karnataka, Dharwad Bench, DIST: BELAGAVI – 591 213.

Dharwad …PETITIONERS (BY SRI. S. M. MUCHHANDI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, THE POLICE INSPECTOR CHIKKODI POLICE STATION, TQ: CHIKKODI, DIST: BELAGAVI – 591 201, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT DHARWAD BENCH – 580 011.

2. SHRI. MALAKARI S/O. KENCHAPPA NASLAPURE (FATHER OF VICTIM)

AGE: 38 YEARS, OCC: SHEPHARD, R/O: JODAKURULI, BASAVAN KHODI, TQ: CHIKKODI AND DIST: BELAGAVI – 591 213.

…RESPONDENTS (BY SMT. GIRIJA HIREMATH, HCGP FOR R1;

SRI M.C.HUKKERI, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYED THAT THE PETITION BE ALLOWED AND THE PETITIONERS/ACCUSED NO.1 AND 2 MAY KINDLY BE ENLARGED ON REGULAR BAIL IN (CHIKODI P.S. CRIME NO.89/2024) SPL. CASE NO.442/2024 UNDER SECTIONS 363, 323, 376(2)(i), 109, 506 READ WITH 34 OF IPC AND SECTIONS 4, 6, 12, 17 AND 18 OF POCSO ACT, PENDING TRIAL ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI, TO MEET THE ENDS OF JUSTICE.

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

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

1. The petitioners-accused Nos.1 and 2 are before this Court seeking for the regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS, 2023’ for short) in connection with Crime No.89/2024 (Spl.Case No.442/2024) for the offences punishable under Sections 363, 323, 376(2)(i), 109, 506 read with Section 34 of the IPC and Sections 4, 6, 12, 17 and 18 of the POCSO Act, 2012, registered by the Chikkodi Police Station.

2. The case of the prosecution is that complainant’s daughter, a minor was allegedly sexually assaulted by accused No.1 while being accompanied by he 2^nd and 3^rd accused who supported accused No.1. The accused were charged for the offences punishable stated supra.

3. Heard the learned counsel for the petitioners, learned HCGP for the State and the learned counsel appointed for respondent No.2, who is present before the Court pursuant to the earlier directions.

4. Learned counsel for the petitioners submits that accused have been falsely implicated in the present case. It is argued that the victim, though a minor, was in consensual relationship with the petitioner No.1 (accused No.1) and there was no use of force or coercion. The medical examination report does not indicate any injuries on the victim and there is no evidence of physical violence. The petitioner further submits that he has no criminal antecedents, is a permanent resident, and undertakes to co-operate with the trial and not to tamper with prosecution witnesses.

5. Learned HCGP opposes stating that the offence involves a minor and falls under the POCSO Act, which carries serious implications. It is contended that, as per law, consent of a minor is not legally valid and charges involve serious concerns. However, it is conceded that the charge sheet has been filed and further custodial interrogation is not necessary.

6. Learned counsel for respondent No.2 submits that victim, though a minor, has voluntarily stated her willingness to continue the relationship with petitioner No.1. Her statement under Section 164 of Cr.P.C. supports the version that there was no force or coercion. The respondent No.2 has filed statement of objections through his counsel to the bail petition before the trial Court. In fact, the objections supports the bai