IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO. 102997 OF 2024 (439(CR.PC)/483(BNSS))

BETWEEN:

NAGARAJ S/O. HANUMANTHA VANKALKUNTI, AGE: 20 YEARS, R/O. NAGARAL VILLAGE, TQ. KUSHTAGI, DIST. KOPPAL – 583 277.

… PETITIONER (BY SRI RAJA RAGHAVENDRA V. NAIK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, THROUGH KUSHTAGI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD - 580 001.

2. SMT. VIJAYLAKSHMI, D si i g g n it e a d l l b y y W/O. RAMESH TALVAR, MANJANNA MANJANNAE E Date: AGE: 38 YEARS, OCC. LABOUR, 2 1 0 4 2 :2 5 0 .0 :2 1 0 .17 +0530 R/O. NAGARAL VILLAGE, TQ. KUSHTAGI, DIST. KOPPAL – 583 277.

… RESPONDENTS (BY SRI JAIRAM SIDDI, HCGP FOR R1; R2-NOTICE SERVED)

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN CRIME NO.61/2024 REGISTERED BY KUSHTAGI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 363, 376(2) (N) OF IPC AND SECTION 6 OF POCSO ACT PENDING ON THE FILE OF SPL.SC POCSO NO.35/2024 LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 AT KOPPAL IN THE INTEREST OF JUSTICE.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 08.01.2025, COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY THE COURT, MADE THE FOLLOWING: CAV ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 439 of Criminal Procedure Code (‘CrPC’ for short) for grant of regular bail in Crime no.61/2024 by Kushtagi Police Station for offences punishable under Sections 363, 376 (2) (n) of Indian Penal Code (for short, ‘IPC’) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO’ for short) pending in SPL.SC POCSO no.35/2024 on file of Addl. District and Sessions Judge, FTSC-1, Koppal.

2. Sri Raja Raghavendra V. Naik, learned counsel for petitioner as per prosecution, at 6.30 p.m. on 27.04.2024, a complaint was filed by Smt.Vijaylakshmi stating that there was wedding of one of their villagers at Jarakunti on 22.04.2024 and that her daughter Bhagyalakshmi aged about 16 years had accompanied Hanumant Gumageri and others to attend same, but had not returned. She was unable to trace her despite searching in neighborhood and enquiring with relatives till filing of complaint. She suspected that her daughter was kidnapped by Nagaraj S/o Hanumant Vankalkunti with ulterior motive. Said complaint was registered as Crime no.61/2024 for offence under Section 363 of IPC showing petitioner herein as accused.

3. It was submitted, during course of investigation, Investigating Officer (‘IO' for short) secured victim and recorded her statement under Section 161 of CrPC on 28.04.2024, wherein she stated, while studying SSLC at school in Kushtagi, petitioner used to follow her by stating that he was in love with her and asking her to reciprocate. And at 3:00 p.m. on 22.04.2024, when she was standing near Canara Bank at Kushtagi, after attending wedding at Jarakunti, petitioner approached her on motorcycle and asked her to accompany him for talking. Thereafter, he took her on Kushtagi – Hosapete Highway. When she enquired about destination, petitioner scolded her and asked her to sit quiet. He straightaway took her to house of his acquaintance at Nagarabhavi, Bengaluru. Next day at 11:30 p.m., when they were about to sleep, petitioner told her that he would marry her and take good care of her and had sexual intercourse with her. And from 23.04.2024 to 27.04.2024, he had repeated sexual intercourse with her about 6 to 7 times. And on 28.04.2024, they came back to village. When he had stopped near NH Cross, she managed to slip away to go to police station for registering complaint.

4. It was submitted, though in her statement recorded under Section 164 of CrPC, she stated that on 22.04.2024 when she was standing near Canara Bank at Kushtagi at 3:00 p.m., petitioner – son of her relative Hanuma