Veerayya Alias Veeranna S/O Rudrayya Mathadanna Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (483 OF BNSS), SEEKING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED, IN RON P.S. CRIME NO.121/2024, PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE GADAG, IN S.C NO.75/2024 FOR THE ALLEGED OFFENCES PUNISHABLE U/S.376(3) OF IPC AND SECTION 6 OF POCSO ACT 2012, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2025:KHC-D:7939 CRL.P No. 101601 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioner, learned HCGP for the respondent – State. Respondent No.2 – de facto complainant Smt.Renuka is present before the Court.

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This petition is filed under Section 439 of Cr.P.C. by the sole accused in S.C. No.75/2024 on the file of the learned Additional District and Sessions Judge, Gadag. The FIR is registered on a compliant lodged by the victim’s mother / de facto complainant against the accused for the offences punishable under Section 376(3) of IPC and Section 6 of the Protection Of Children from Sexual Offences Act.

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During the course of investigation, the accused was arrested and in turn, he was remanded to judicial custody. Now the investigation is completed and the Investigating Officer has filed the charge sheet and the Trial Court recorded all the material witnesses. Learned counsel for the petitioner has furnished copies of victim’s deposition as well as deposition of her mother i.e., the complainant and the examination of PWs.3 to 5. The victim, her mother and other circumstantial witnesses

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3 - NC: 2025:KHC-D:7939 CRL.P No. 101601 of 2025

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HC-KAR

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have been examined before the Trial Court and they have not supported the case of the prosecution and therefore, further detention of the petitioner / accused will amount to pre-trial detention. The accused is ready and willing to abide by any conditions that may be imposed by this Court. Thus, learned counsel for the petitioner prayed to allow the petition.

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Learned HCGP for the respondent – State contended that the prosecution is relying on DNA report and the victim has categorically stated against the accused in her statement recorded under Section 161 of Cr.P.C. as well as the statement under Section 164 of Cr.P.C. made to the Magistrate, merely because the victim has turned hostile, the petitioner cannot be enlarged on bail. Hence, he sought for rejection of the petition.

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Perused the entire charge sheet material including the deposition of PWs.1 to 5, more particularly, victim’s evidence (PW1). From the deposition of victim and her mother i.e., PWs.1 and 2, it reveals that they have been treated as hostile by the prosecution. In view of the examination of the

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NC: 2025:KHC-D:7939 CRL.P No. 101601 of 2025

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HC-KAR

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said material witness, the question of tampering them does not arise.

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The prosecution is relying on the DNR report. It is contended by the learned counsel for the petitioner that proper procedure was not followed while drawing the blood sample and drawing the blood from the accused was in violation of the procedure mandated under law. The counsel contended that the blood of the victim was not drawn and DNA report was not forwarded to the FSL on the very same day.

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In this petition, no opinion can be formed with regard to DNA examination and it is a matter to be decided by the Trial Court. Considering the fact that the evidence of the victim, her parents and other material witness are already been examined and the fact that the victim as well as her mother, PWs.1 and 2 are before the Court and they fairly submit that they have no objection to release the accused on bail. Thus, the relief as sought by the petitioner can be granted, keeping in view that he is in judicial custody since 05.08.2024. Accordingly, I proceed to pass the following:

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NC: 2025:KHC-D:7939 CRL.P No. 101601 of 2025

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HC-KAR

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ORDER

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i. Criminal Petition is allowed.

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ii. The petitioner is ordered to enlarged on bail on he executing a personal bond in a sum of Rs.2,00,000/- with two sureties.

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iii. The petitioner shall furnish proof of his residential address and shall inform the Investigating Officer / Court if there is any change in the address.

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iv. The petitioner shall not tamper the prosecution witness directly or indirectly.

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v. The petitioner shall not involve in any criminal activities.

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vi. The petitioner shall appear before the Trial Court on all dates of hearing without fail and he shall co-operate for the earlier disposal of the case.

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Sd/(VENKATESH NAIK T) JUDGE

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RSH /CT-AN

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List No.: 1 Sl No.: 13

Veerayya Alias Veeranna S/O Rudrayya Mathadanna v. the State of Karnataka

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Veerayya Alias Veeranna S/O Rudrayya Mathadanna v. the State of Karnataka

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