Karnataka High Court
Sri Ganesha vs State By Davanagere Rural Ps on 21 July, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:27198
CRL.P No. 8913 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 8913 OF 2025
(439(Cr.PC)/483(BNSS))
BETWEEN:
SRI. GANESHA S/O SIDDAPPA,
AGED ABOUT 22 YEARS,
R/O. DODDABATHI VILLAGE,
DAVANAGERE TALUK,
DAVANAGERE DISTRICT -577566
(PETITIONER IS IN JUDICIAL CUSTODY)
...PETITIONER
(BY SRI. G.J.SUNKAPUR., ADVOCATE)
AND:
Digitally signed 1. STATE BY DAVANAGERE RURAL PS
by REP. BY LEARNED STATE PUBLIC PROSECUTOR,
DHARMALINGAM
Location: HIGH HIGH COURT OF KARNATAKA,
COURT OF BANGALORE-560001.
KARNATAKA
2. SMT. SAVITHRAMMA
W/O PARUSHURAMAPPA,
AGED 40 YEARS,
R/O HALEBATHI GUDDADA CAMP,
DAVANAGERE TALUK,
DAVANAGERE-577566.
...RESPONDENTS
(BY SRI.RANGASWAMY.R ., HCGP FOR R1
SRI. M.R. HIREMATHAD., ADVOCATE FOR R2)
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NC: 2025:KHC:27198
CRL.P No. 8913 of 2025
HC-KAR
THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 BNSS)
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
SPL.C.NO.148/2025, ARISING OUT OF CR.NO.80/2025 OF
DAVANAGERE RURAL P.S. DAVANAGERE U/S 65(1) OF BNS
2023 AND U/SEC.6 OF POCSO ACT 2012 PENDING ON THE FILE
OF THE LEARNED ADDL.DISTRICT AND SESSIONS JUDGE,
FTSC-1 AT DAVANAGERE BY ALLOWING THIS PETITION AND
ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Special Case No.148/2025 pending before the Court of Additional District & Sessions Judge, FTSC-1 at Davanagere, arising out of Crime No.80/2025 registered by Davanagere Rural Police Station, Davanagere, for the offences punishable under Sections 65(1) & 65(2) of BNS, 2023 and Section 6 of POCSO Act, 2012, is before this Court under Section 483 of BNSS, seeking regular bail.
2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent
-State.
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NC: 2025:KHC:27198 CRL.P No. 8913 of 2025 HC-KAR
3. FIR in Crime No.80/2025 was registered by Davanagere Rural Police, Davanagere, against the accused for the aforesaid offences based on the first information dated 01.03.2025 received from respondent No.2- Smt.Savithramma, who is the mother of the victim girl. During the course of investigation of the case, the petitioner was arrested on 01.03.2025 and was remanded to judicial custody. After completing the investigation, chargesheet has been filed against the petitioner for the aforesaid offences.
4. The bail petition filed by the petitioner before the Trial Court under Section 483 of BNSS was rejected on 17.05.2025. Therefore, the petitioner is before this Court.
5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner is aged about 22 years and has no criminal antecedents. He is in custody for about more than 4 months. The investigation in the present case is already -4- NC: 2025:KHC:27198 CRL.P No. 8913 of 2025 HC-KAR completed. The victim has not co-operated for conducting DNA test. Accordingly, he prays to allow the petition.
6. Per contra, learned High Court Government Pleader has opposed the petition and submitted that the victim is a minor girl and she has made allegations against the petitioner in the statement recorded by the jurisdictional Magistrate under Section 183 of BNSS. If the petitioner is enlarged on bail, he may tamper with the prosecution witnesses. The victim girl was a pregnant. Accordingly, prays to dismiss the bail petition.
7. Per contra, learned Counsel appearing for respondent No.2 submits that he has no objection to allow the bail petition.
8. First information that was submitted by the mother of the victim girl on 01.03.2025, based on which FIR was registered against the petitioner for the aforesaid offences. During the course of the investigation of the case, the petitioner was arrested on 01.03.2025 and subsequently remanded to judicial custody. The -5- NC: 2025:KHC:27198 CRL.P No. 8913 of 2025 HC-KAR investigation of the case is completed and chargesheet has been filed. The statement of the victim girl aged about 14 years 6 months was recorded by the jurisdictional Magistrate under Section 183 of BNSS on 04.03.2025. The victim girl has stated that she was acquainted to the petitioner and they were in love with each other. On 01.03.2025 she had gone to the hospital since she was suffering from stomach pain and the Doctor after examining her, informed her that she was pregnant. She further stated that when she was in her house on 11.08.2024, the petitioner who came to her house had sexual intercourse with her and he had continued the said act two to three times thereafter. The petitioner who is aged about 22 years has no criminal antecedents. The victim girl allegedly has not co-operated for the purpose of conducting DNA test. The investigation of the case is completed and the allegation found as against the petitioner has to be proved in a full-fledged trial. The continued detention of the petitioner is likely to have -6- NC: 2025:KHC:27198 CRL.P No. 8913 of 2025 HC-KAR adverse impact on his future prospects and career. Under similar circumstances, the Hon'ble Supreme Court in the case of Deshraj alias Musa Vs. State of Rajasthan and Another, 2024 SCC OnLine 2709, had granted bail to the accused person. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits/demerits of the case, the petitioner's prayer for grant of regular bail needs to be answered affirmatively.
9. Accordingly, the following:
ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.148/2025 pending before the Court of Additional District & Sessions Judge, FTSC-1 at Davanagere, arising out of Crime No.80/2025 registered by Davanagere Rural Police Station, Davanagere, for the offence punishable under Sections -7- NC: 2025:KHC:27198 CRL.P No. 8913 of 2025 HC-KAR 65(1) & 65(2) of BNS, 2023 and Section 6 of POCSO Act, 2012, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; and
d) The petitioner shall not involve in similar offences in future.
Sd/-
(S VISHWAJITH SHETTY) JUDGE DL List No.: 1 Sl No.: 71