IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO. 102551 OF 2024 [439(CR.PC)/483(BNSS)]

BETWEEN:

RAJU S/O. JAYAPPA ARIKATTI, AGE: 23 YEARS, OCC. COOLIE, R/O. HIREBUDHIAL, TQ. HIREKERUR, DIST. HAVERI-581111.

… PETITIONER (BY SRI RAM P. GHORPADE, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-11.

THROUGH HASABHAVI P.S.

2. DHARMAPPA S/O. HANUMANTAPPA JADAKAR, AGE: 48 YEARS, OCC. AGRICULTURE, R/O. HIREBUDIHAL, TQ. HIREKERUR, Digitally signed by B H H M ARATHI B H D H a M t A e R :

A THI DIST. HAVERI-581111.

2 1 0 4 2 :4 5 0 .0 :1 2 8 .10 … RESPONDENTS +0530 (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1;

R2-NOTICE SERVED)

THIS CRIMINAL PETITION IS FILED U/SEC.439 OF CR.P.C.

SEEKING TO ENLARGE HIM ON BAIL WHO IS ACCUSED NO.1 PETITIONER IS SPL.SC AND ST NO.29/2024 WHICH IS PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I HAVERI FOR THE OFFENCE U/SEC.363 OF IPC IN (HANSBHAVI POLICE REGISTERED THE CASE IN CRIME NO. 11/2024) FOR THE ALLEGED OFFENCES 363, 376(2)(N), 109, 114 OF IPC AND SEC. 4, 6, 17 POCSO ACT 2012 AND ALSO SEC.3 (2) (VA), SC AND ST ACT

2015.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of regular bail in Crime no.11/2024 by Hansabhavi Police Station, Haveri, for offence punishable under Section 363, 376 (2) (n), 109, 114 of Indian Penal Code, 1860 (for short, ‘IPC’); Sections 4, 6 and 17 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short); Section 9 of Prohibition of Child Marriage Act, 2006 (‘PCM Act’ for short) and also Sections 3(2)(va) and 3(1)(w)(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (‘SC/ST PoA Act’ for short) by accused no.1 (petitioner).

2. Sri Ram P. Ghorpade, learned counsel for petitioner submitted prosecution case was based on complaint filed by Dharmappa Jadaker on 27.01.2024 stating that he was residing at Hirebudihal Taluk, Hirekerur District along with his wife and children. At 1:30 a.m. on 27.01.2024 he woke-up to find backdoor of his house opened and his younger daughter (victim) missing. When she could not be found, he suspected someone may have kidnapped her and filed complaint. Same was registered as Crime no.11/2024 by Haunsabhavi Police Station.

3. It was submitted, after tracing victim at Tumminakatti village on 07.04.2024, her statement was recorded under Section 161 of Code of Criminal Procedure, 1973 (‘CrPC’ for short) in which she implicated petitioner. But in her statement recorded under Section 164 of CrPC on 30.04.2024, she merely stated that she was in love with petitioner since three years on Instagram and on 26.01.2024, went with him to Bengaluru, got married at his aunt’s home on 12.02.2024 and stayed there. After some time, when she felt ill and went to hospital, she was found to be pregnant. As doctor asked for her Aadhar Card, they came back to Tumminakatti and resided at a rented house.

4. It was submitted, in history column of Medical Examination Report (‘MER’ for short) of victim conducted on 10.04.2024, she had stated that she was in love with petitioner, went to Bengaluru with him on 27.01.2024, stayed his aunt’s house and got married on 12.02.2024. Thereafter, they had sexual intercourse multiple times and came back to Tumminakatti village on 01.04.2024 and stayed there in rented house. It was submitted, MER did not record any external or other injuries indicating involvement of physical force/violation.

5. It was submitted, there was delay in filing complaint and victim had not supported prosecution in her statement recorded under Section 164 of CrPC. It was submitted, charge-sheet was filed on 10.06.2024, wherein prosecution relied