IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 18^TH DAY OF DECEMBER 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO. 104592 OF 2025

(439(Cr.PC)/483(BNSS))

BETWEEN:

SHRI. RAJENDRA @ KALKI

S/O VISHNU GASTI,

AGE: 24 YEARS,

OCC: FACTORY WORK,

R/O: YAMANAPUR, TALUK: DISTRICT

BELAGAVI

PIN 590010.

…PETITIONER

(BY SRI. RAMESH S. GUDODAGI, ADVOCATE)

Digitally signed

by

SREEDHARAN

BANGALORE

SUSHMA AND:

LAKSHMI

Location: High

Court of 1. THE STATE OF KARNATAKA,

Karnataka

THROUGH APMC

P.S. BELAGAVI,

R/BY HCGP

HIGH COURT OF DHARWAD- 580011.

2. SMT. SHANTA PARSURAM WADIYAPPAN,

AGE: 45 YEARS,

OCC: HOUSEHOLD WORK,

R/O: 4^TH MAIN,

3^RD CROSS,

BASAVA COLONY, TALUK: DISTRICT BELAGAVI- 590010.

…RESPONDENTS (BY SRI. PRAVEENA Y. DEVARADDIYAVARA, HCGP FOR R1, NOTICE R2 IS SERVED)

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

(483 OF BNSS) SEEKING TO BE ORDERED TO BE RELEASED ON BAIL IN BELAGAVI APMC YARD P.S. CRIME NO.59/2025 CASE IS PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI IN SPL.C.NO.481/2025 FOR OFFENCES PUNISHABLE U/S 64(2) (m), 65(1), 70(2), 115(2), 351(2), 137(2), 190 OF BNS 2023 AND U/S 4, 6, 8, 12 OF POCSO ACT 2012, AND U/S 67(b) OF INFORMATION TECHNOLOGY ACT, 2000, IN THE INTEREST OF JUSTICE.

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

ORAL ORDER

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

1. The petitioner/accused No.5 is before this Court seeking for grant of regular bail in Crime No.59/2025 of respondent- police, pending before the Additional District and Sessions Judge, FTSC-I, Belagavi, in Spl.C.No.481/2025, for the offences under Sections 64(2)(m), 65(1), 70(2), 115(2), 351(2), 137(2), 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8, 12 of the Protection of Children From Sexual Offences Act, 2012 and Section 67(B) of the Information Technology Act, 2006.

Brief facts of the case:

2. The case of the prosecution is that, on 31.05.2025, at about 01.00 p.m., the complainant lodges a complaint before the respondent – Police stating that her younger daughter was studying in X Standard at Preeti Blossom Primary School, Azam Nagar, Belagavi. However, for the past 3 to 4 months, the victim was not talking much and she was keeping aloof. It is stated in the complaint that, on 26.05.2025, when the complainant and her family members were at home, the complainant was informed by the victim about Ashmit Naik and Sham Naik, whom the victim had met last year 2024, when she was playing Dandiya during Dasara. It is further stated that, the victim had shared her mobile number with them and she used to talk with them over the phone often. Further, Ashmit Naik / accused No.1 stated to have introduced the victim to Kalmesh Adiveppa Harijan / accused No.2 and she used to talk with him over the phone.

3. It is further stated in the complaint that, in the month of December 2024, Ashmit Naik / accused No.1 called her and asked her to go for a walk with him around 07.30 p.m. Accordingly, the said Ashmit Naik came to her house on a Dio scooter and took her near Kakati Windmill. It is stated that, they were sitting near the said windmill and were talking for a while. In the meantime, the friends of Ashmit Naik namely Kalmesh Adiveppa Harijan / accused No.2, Akash Naik / accused No.3, Shyam Naik / accused No.4 and Abhi / accused No.6 came to the spot. Ashmit Naik asked his friend Abhi to record the sexual assault to be committed to the victim. Though, the victim had resisted the said act, the accused No.1 had induced her and committed sexual assault and it was recorded by Abhi. Thereafter, Kalmesh Adiveppa Harijan, Akash Naik and Shyam Naik, all the persons are stated to have committed sexual assault on her. The entire episode was recorded by Abhi.

4. Again, in the month of January 2025, Kalmesh Adiveppa Harijan / accused No.2 called her and stated that, the video of sexual assault recorded by Abhi would be uploaded in the social media, if she does not come near the windmill where the all