IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 10^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100673 OF 2025

(U/S 14 A(2) of SC and ST ACT)

BETWEEN:

MAHESH S/O. RAMESH HOSAMANI,

AGE. 27 YEARS, OCC. TEMPO DRIVER,

R/O. CHETANA NAGAR, VENKATESHAWAR COLONY,

KESHAVAPUR HUBBALLI, TQ. HUBBALLI,

DIST. DHARWAD, PIN-580023.

…APPELLANT

(BY SRI. TIPPANAGOUDA REVANAGOUDA PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

BY HUBBALLI KESHWAPUR POLICE, R/BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENCH DHARWAD, PIN. 580011.

Digitally signed

by SAM REEN

2. SMT. SUDHA W/O. SUNIL GUNTHKAL,

AYUB

DESHNUR AGE. 28 YEARS, OCC. HOUSEWIFE,

Location: HIGH R/O. BANKAPUR CHOWKA, INDIRANAGAR,

COURT OF ISLAMPUR ROAD, HUBBALLI,

KARNATAKA

DIST. DHARWAD, PIN-580024.

…RESPONDENTS

(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;

NOTICE TO R2 IS SERVED)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 (A)(2) OF

SC AND ST (POA), PRAYING TO SET ASIDE THE ORDER DATED 13/10/2025 AND ALLOW THE APPEAL, IN HUBBALLI KESHWAPUR PS CRIME NO.142/2025 PENDING ON THE II ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE, AT DHARWAD AND PLEASE RELEASED HIM ON BAIL, THE OFFENCES PUNISHABLE UNDER SECTIONS 64(1), 74, 115(2), 118(1), 352, 352(2) R/W 3(5) OF BNS AND SECTION 3(1)(S)(R), 3(2)(V), 3(2)(V-A) OF SC/ST ACT 2015 AND

ETC.,.

THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

1. The appellant is arrayed as accused No.1 is before this Court seeking for grant of regular bail in Crime No.142/2025 of respondent No.1/Police for the offence under and Sections 3(2)(va), 3(2)(v), and 3(1)(r)(s) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, For short ‘SC and ST Act’ and Sections 64(1), 74, 115(2), 118(1), 352 and 351(2) r/w. Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, For short ‘BNS, 2023’

Brief facts of the case;

2. The case of the prosecution is that, the victim is staying along with her son in her grand mother’s house. It is stated that she had left her husband as there was a difference of opinion between them. The appellant is working as a Tempo Driver. He had been to Dharmastal as a driver with the family members of the victim. After coming back, the appellant herein used to visit the house of victim’s maternal uncle. As such, they developed intimacy, further, it is stated that, the appellant is stated to have committed sexual assault on the victim on several times on the pretext of marriage. Subsequently, she became pregnant. However, the pregnancy got terminated after consuming the tablets. Thereafter, he took her to Dandeli and again committed sexual intercourse on her. After the incident, the appellant was avoiding her and he was not attending her phone calls and refused to take her calls. Consequently, she went to the house of the appellant to seek for justice. At that time, the victim was ill-treated and insulted by taking the name of her caste. Based on the complaint, the respondent No.1/Police registered a case in Crime No.142/2025, investigation is under progress. The matter is pending for final report.

3. Heard Sri.Patil Tippanagouda Revanagouda, learned counsel for the petitioner and Sri. Praveena Y.

Devareddiyavara, learned High Court Government Pleader for respondent No.1/State.

4. It is the submission of the learned counsel for the appellant that, the appellant is innocent of the alleged offences. No such incident had taken place at any point of time. In fact, the victim had expressed her willingness to marry the appellant. The appellant had advised her that, it is not possible to marry her as she belongs to different caste.

5. It is further submitted that as the victim was not being able to live without the company of the appellant, she filed a false case against the appellant in order to pressurise him for the marriage. Hence, the appellant may be enlarged on bail by imposing suitable conditions. Mak