Shri Mailarappa S/O Fakirappa Chikkumbi Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THIS PETITION AND HE BE RELEASED ON BAIL IN CRIME NO.10/2023 OF DHARWAD RURAL P.S. BY SETTING ASIDE THE BAIL REJECTION ORDER DATED 13.08.2024 PASSED BY THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER THE POCSO ACT AND SC AND ST (POA) ACT IN SPL. SC/ST NO.10/2023 ARISING OUT OF DHARWAD RURAL P.S. CRIME NO.10/2023 FOR THE OFFENCE UNDER SECTIONS 324, 341, 354(A), 376, 504, 506 R/W SECTION 34 OF IPC, AND SECTION 3(1)(R), 3(1)(S), 3(1)(W), 3(2)(VA) OF THE SC AND ST (PREVENTION OF ATROCITIES) ACT, 1989 AND SECTION 4, 5(G), 6, 8, 17 OF POCSO ACT, PENDING ON THE FILE OF COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER THE POCSO ACT AND SC AND ST (POA) ACT, IN SO FAR AS ACCUSED NO.1/PETITIONER IS CONCERNED.

¶21

THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶22

ORAL ORDER

¶23

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

¶24

Heard Sri.Balagouda A. Patil, learned counsel for the petitioner and Smt.Girija Hiremath, learned High Court Government Pleader for the State/respondent. None appears for respondent No.2.

¶25

Petition is filed under section 439 of Cr.P.c. with the following prayer:

¶26

“WHEREFORE, the petitioner prays that this Hon’ble Court be pleased to allow this petition and he be released on bail in crime No.10/2023 of Dharwad Rural Police Station by setting aside the bail rejection order dated 13.08.2024

¶27

3 - NC: 2025:KHC-D:4741 CRL.P No. 100308 of 2025

¶28

passed by Hon’ble Court of II Additional District and Sessions Judge, Dharwad and Special Court for trial of the fofences under the POCSO Act and SC and ST (POA) Act in Spl. SC/ST No.10/2023 arising out of Dharwad Rural PS Crime No.10/2023 for the offences U/s. 324, 341, 354(A), 376, 504, 506 read with Section 34 of IPC and Sec.3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va) of the SC and ST (POA) Act, 1989 and Section 4, 5(g), 6, 8 and 17 of POCSO Act pending on the file of Hon’ble Court of II Addl. District and Sessions Judge, Dharwad and Special Court for trial of the offences under the POCSO Act and SC and ST (POA) Act, insofar as accused No.1/petitioner is concerned.”

¶29

A complaint came to be lodged by the mother of victim girl with Dharwad Rural Police on 05.01.2023 which was registered in Crime No.10/2023 for the offences punishable under section U/s. 323, 342, 354(A), 504, 506 read with Section 34 of IPC and Sec.3(1)(r), 3(1)(w)(i) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and Section 8 and 17 of the Protection of Children from Sexual Offences Act.

¶30

Matter was thoroughly investigated by the

¶31

police inter alia arrested the petitioner and filed the charge sheet for the aforesaid offences.

¶32

4 -

¶33

NC: 2025:KHC-D:4741 CRL.P No. 100308 of 2025

¶34

Matter is pending before the learned Special

¶35

Judge in Special SC/ST No.10/2023.

¶36

Gist of the complaint averments would reveal that on 04.01.2023 at about 8:15 PM, accused No.2 in order to satisfy the sexual desire of her husband, visited the house of the complainant and cajoled the victim girl to visit her house. After so securing the victim girl to the house of the accused No.2, she managed to create convenient circumstance whereby accused No.1 being the husband of accused No.2 made her to visit the kitchen where her husband was hiding.

¶37

As soon as the victim girl visited the kitchen, she noticed the presence of accused No.1 who tried to misbehave with her. She tried to escape from the clutches of accused No.1 by biting his fingers but accused No.1 forcibly held her and molested her by accused No.1.

¶38

Based on the complaint, police registered the case and filed the charge sheet.

¶39

5 - NC: 2025:KHC-D:4741 CRL.P No. 100308 of 2025

¶40

Victim girl is examined before the trial court

¶41

who has supported the case of the prosecution in toto by deposing as to the incident that occurred in the house of the accused persons especially molesting her.

¶42

Detailed cross-examination did not yield any positive material so as to disbelieve the version of the prosecution. Matter is still pending for trial before the Trial Court.

¶43

Attempt made by the petitioner to obtain an order of bail is turned down by the learned Special Judge.

¶44

Thereafter, petitioner is before this Court in this petition.

¶45

Sri.Balagouda A. Patil, learned counsel for the petitioner contended that from the date of arrest, the petitioner is in custody and since trial has progressed and offences alleged against the petitioner is under section 8 and 17 of the POCSO Act, this court may consider the grant of bail.

¶46

6 - NC: 2025:KHC-D:4741 CRL.P No. 100308 of 2025

¶47

Per contra, Smt.Girija Hiremath, learned High Court Government Pleader for the State would contend that victim girl being belonging to Scheduled Caste and Scheduled Tribe community and it is a accused No.2 who cajoled the victim girl to visit her house and accused No.1 taking advantage of the loneliness of the victim girl in the kitchen, misbehaved with her and somehow the victim girl could escape from the clutches of accused No.1. Otherwise accused No.1 could have accomplished the act of sexual intercourse with the victim girl which is a grave offence and sought for dismissal of the petition.

¶48

Learned counsel for respondent No.2 is absent.

¶49

Having heard the parties in detail, this Court perused the material on record meticulously.

¶50

On such perusal of the material on record, not only the complaint averments and charge sheet materials but also oral testimony of the victim girl before the Special Court would make it clear that prima facie materials on

¶51

7 - NC: 2025:KHC-D:4741 CRL.P No. 100308 of 2025

¶52

record are available which would substantiate the

¶53

allegations leveled against accused persons.

¶54

Admittedly, the victim girl is a minor and belonging to Scheduled Caste and Scheduled Tribe community.

¶55

Taking note of the attendant facts and circumstances of the case and also taking note of the fact that trial has progressed to a considerable extent at this stage, expressing the opinion on the merits of the matter, would hamper the rights of the parties in the pending trial.

¶56

Taking note of the fact that accused No.1 is in custody, if the learned Special Judge is directed to expedite the hearing and conclude the trial as early as possible, ends of justice would be met.

¶57