Huvanagouda S/O. Hanamanthgouda Antaradani, Vs the State of Karnataka

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NC: 2025:KHC-D:3025 CRL.A No. 100034 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14^TH DAY OF FEBRUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100034 OF 2025 (U/S 14 A(2) of SC & ST ACT)

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BETWEEN:

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HUVANAGOUDA S/O. HANAMANTHGOUDA ANTARADANI, AGE. 26 YEARS, OCC. COOLIE, R/O. BOMMASAGAR, TQ. GAJANDRAGADA, DIST. GADAG-582101.

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…APPELLANT

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(BY SRI. IRANAGOUDA K.KABBUR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH RON POLICE STATION, NOW REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580001.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 10:34:14 +0530

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BALAPPA S/O. PADIYAPPA MADAR, AGE. MAJOR, OCC. COOLIE, R/O. BOMMASAGAR, TQ. GAJANDRAGADA, DIST. GADAG-582101.

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…RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. SHIVA SHIRUR, ADV. FOR R2)

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THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST (POA) ACT, PRAYING TO, SET ASIDE THE ORDER DATED 16.10.2024 PASSED BY THE ADDL.DISTRICT AND SESSIONS JUDGE GADAG, IN SPECIAL CASE NO.232/2024 AND THE APPEAL MAY BE ALLOWED AND THE APPELLANT/ACCUSED NO.1 MAY BE GRANTED BAIL IN SPECIAL CASE NO.232/2024 IN ARISING OUT OF RON P.S. CRIME NO.103/2024, FOR THE OFFENCES PUNISHABLE U/S 137(2), 351(2), 352, 64(m) R/W 3(5) OF BHARATHIYA NYAYA

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2 - NC: 2025:KHC-D:3025 CRL.A No. 100034 of 2025

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SANHITA (BNS) 2023 AND SECTION 3(1)(r)(s), 3(2)(va) OF SCHEDULED CASTE (SC) AND SCHEDULED TRIBES (ST) (PREVENTION OF ATROCITY) ACT 1987, SECTION 6, 12, 17 OF POCSO ACT.

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

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CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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ORAL JUDGMENT

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This appeal under Section 14(A)(2) of the SC/ST (POA) Act is filed by the petitioner/accused No.1, who is facing trial for offences punishable under Sections 137(2), 351(2), 352, 64(m) read with Section 3(5) of the BNS, 2023, Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sections 6, 12, and 17 of the POCSO Act, 2012.

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The prosecution alleges that on 04.07.2024, while the complainant was at home with his wife and three children, he woke up at 3:00 AM on 05.07.2024 to attend to a nature call and found that his minor daughter was missing. Suspecting the accused, the complainant lodged a First Information Report against him. The prosecution further alleges that the accused, after abducting the survivor, committed forcible sexual intercourse.

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Heard the learned counsel for the appellant, the learned counsel for the respondent-State, and the learned counsel for respondent No.2 – complainant.

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At the time of the incident, the survivor was 17 years and 7 months old, while the accused was 26 years old. The question of whether the survivor was a minor on the date of the incident is a matter to be determined by the trial court after a fullfledged trial. The survivor, who was examined as PW-5 in her examination-in-chief, stated that she voluntarily went with the accused on the date of the incident. Whether this is a case of elopement or abduction is also a matter to be adjudicated after a full-fledged trial. Under these circumstances, the appellant has established a prima facie case for being enlarged on bail.

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ORDER

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i. Accordingly, the appeal is allowed. The impugned order dated 16.10.2024 passed by the Hon’ble Additional District and Sessions Judge, Gadag, in Special case No.232/2024 is hereby set aside. The appellant/accused is enlarged on bail.

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NC: 2025:KHC-D:3025 CRL.A No. 100034 of 2025

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(a) appellant/accused shall furnish their personal bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court.

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