The High Court of Karnataka dismissed a bail application under Section 439 Cr.P.C. filed by an accused facing charges of sexual intercourse against a minor under the POCSO Act and IPC Section 376(2)(n). The court held that the gravity of the offence, DNA evidence, and threat allegations precluded bail.
Prayer for grant of regular bail is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:45499 CRL.P No. 9004 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9004 OF 2024
BETWEEN:
ANNAPPA S/O RAMAPPA AGED ABOUT 28 YEARS R/OF GEDDALAHATTI VILLAGE DAVANAGERE TALLUK AND DISTRICT - 577 006.
…PETITIONER
(BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADV.)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
…RESPONDENTS
(BY SRI RAHUL RAI K, HCGP FOR R-1; V/O DTD:23.09.2024 NOTICE TO R-2 IS H/S)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.51/20204 (CR.NO.48/2024) REGISTERED BY THE SATHEBENNUR POLICE, PENDING ON THE FILE OF THE HONBLE ADDL. DIST. AND SESSIONS JUDGE, FTSC-I, DAVANAGERE, FOR THE OFFENCE P/U/S 376(2)(n) OF IPC R/W SEC. 6 OF POCSO ACT.
NC: 2024:KHC:45499 CRL.P No. 9004 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
petitioner herein was arrested on 12.03.2024 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by petitioner before the jurisdictional Sessions Court in Special Case No.51/2024 was rejected on 05.08.2024. Therefore, he is before this Court.
NC: 2024:KHC:45499 CRL.P No. 9004 of 2024
found to be pregnant. On 10.03.2024, victim girl was found vomiting in her house and therefore, the first informant and her husband had taken her to the Hospital for treatment. The doctor at SS Hospital, Davanagere after medically examining the victim girl informed the first informant that victim girl was pregnant and on enquiry, the victim girl allegedly had mentioned that petitioner was the cause for her pregnancy. It is under these circumstances, FIR has been registered against the petitioner. Subsequently, the victim girl was subjected to medical examination and her statement under Section 164 of Cr.P.C., was also recorded before the jurisdictional Magistrate on 26.03.2024. The victim girl has made allegation against the petitioner about he having sexual intercourse with her against her wishes. In her statement recorded under Section 164 of Cr.P.C., she has also stated that after the petitioner learnt that she was pregnant, he had informed her that he intended to marry some other girl. The DNA test report obtained in the present case supports the allegations made against the petitioner in the charge sheet and he is found to be the biological father of the dead baby born to the victim girl. Petitioner hails from the very same village where the victim and
NC: 2024:KHC:45499 CRL.P No. 9004 of 2024
her parents are residing. In her statement recorded under Section 164 of Cr.P.C., victim girl has stated that petitioner had threatened her. Considering the aforesaid aspects of the matter and the gravity of offences committed by the petitioner, I am of the opinion that his prayer for grant of regular bail cannot be entertained at this stage. Accordingly, petition is dismissed.
Sd/(S VISHWAJITH SHETTY) JUDGE
DN
2 issues framed by the court
Whether the petitioner is entitled to regular bail in an offence under Section 6 of the POCSO Act read with Section 376(2)(n) IPC involving sexual intercourse against a minor's wishes.
Whether the DNA report and the victim's statement justify the denial of bail in a serious non-bailable offence against a child.
4 provisions across 4 enactments
Anappa S/o Ramappa
State of Karnataka
S VishwaJith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
