Budappa S/O. Bhimappa Karadi Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL AS ATTACHED IN RON POLICE STATION CRIME NO.212/2024 PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, AT GADAG IN SC NO.30/2025 FOR THE OFFENCE PUNISHABLE U/S.64(2)(m) OF BNS, 2023 AND U/S.6 OF POCSO ACT 2012, IN THE INTEREST OF JUSTICE.

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

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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)

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Heard Sri. G.S. Mot, learned counsel for the petitioner and Sri. Jairam Siddi, learned HCGP for the respondent – State.

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The petitioner has filed this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of Cr.P.C.) to enlarge him on bail in S.C. No.30/2025 for the offences punishable under Sections 64(2)(m) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 6 and 17 of the Protection of Children from Sexual Offences Act, 2012.

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The brief facts of the prosecution case are as

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under:

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The de facto complainant filed a complaint alleging

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that 11 months prior to the initiation of the complaint, when the victim was alone in her house, the accused came to the house of the de facto complainant, developed

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friendship with the victim and committed aggravated sexual assault under the guise of a promise to marry her. Later he repeated the same act with the victim on 12.12.2024. Therefore, on 24.12.2024, the victim consumed poison and she was admitted to hospital for treatment, and at that time, it was revealed that the victim was pregnant for 12 to 13 days. Hence, the de facto complainant lodged a complaint, which led to the registration of an FIR and initiation of investigation. During the investigation, the petitioner was arrested and in turn remanded to judicial custody.

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The learned counsel for the petitioner vehemently contended that the petitioner is innocent. He has not committed any offence as alleged by the prosecution and he has been falsely implicated in the case. There is no material against the petitioner, as the DNA report is negative and as per the RFSL report, no seminal stains are detected. Now, the investigation is completed, and the Investigating Officer has already filed a charge-

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sheet against the accused, and there is no necessity of the petitioner to continue in judicial custody. The petitioner is ready to abide by the conditions imposed by this Court. Hence, he prays to allow the petition.

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Per contra , learned HCGP would contend that

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there is prima-facie material against the petitioner. The statement of the victim recorded under Section 164 of Cr.P.C., reveals that she has categorically stated against the accused and narrated the manner of aggravated and penetrative sexual assault made on her. The medical report clearly indicates that the hymen is ruptured. The victim is minor aged 17 years, and the DNA report is not a conclusive proof. If the accused is released on bail, he would tamper with the prosecution witnesses and hamper the investigation and hence, prays to dismiss the bail petition.

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On perusal of the material available on record,

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it reveals that the victim was a minor at the time of

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commission of the offence. As per the statement of victim recorded under Section 164 of Cr.P.C., she has stated that the accused entered her house and committed aggravated, penetrative sexual assault on her repeatedly when she was alone in her house, knowing fully well that, the victim was a minor girl. On perusal of the medical record, it reveals that the hymen of the victim girl is ruptured.

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Now the petitioner is relying on the DNA report issued by the Scientific Officer, RFSL, Hubballi. According to which, the sample blood furnished is excluded from the blood of the biological father of the fetus. However, the DNA report does not falsify the entire case of prosecution as rightly submitted by the learned HCGP. In the instant case, it is alleged that the victim girl is aged about 17 years and the medical officer has conducted PCR test.

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The co-ordinate Bench of this Court in a reported judgment in Crl.P.No.6789/2022 in paragraph No.12 and in 2022 SCC OnLine KAR 1542 at paragraph-

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14, clearly held that ‘the DNA report is not a conclusive proof’. The version of the victim as stated in the first information and also in her statement recorded under Section 164 of Cr.P.C., cannot be ignored in toto . However, now the material on record i.e. DNA report discloses that the petitioner is not the biological father of the fetus. To that extent, the contentions taken by the accused can be accepted at this stage. The petitioner is in judicial custody since 6 months i.e. from the date of arrest. The trial in the matter may take a considerable amount of time. The petitioner is a permanent resident of the address mentioned in the cause title of the petition and he is ready and willing to abide by the conditions imposed by this Court. Under these circumstances, the petitioner may be enlarged on bail with stringent conditions. Accordingly, the following:

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ORDER

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The criminal petition is allowed.

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HC-KAR

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The petitioner-accused is ordered to be enlarged on bail in S.C. No.30/2025, pending on the file of learned Additional District and Sessions Judge, Gadag in connection with Ron Police Station Crime No.212/2024, for the offences under Section 64(2)(m) of BNS, 2023 and Section 6 of the POCSO Act, on he executing personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of learned Sessions Judge, subject to the following conditions:

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