Shiva Alias Gopala S/O. Ramayya, Vs the State of Karnataka

SHIVA @ GOPALA S/O. RAMAYYA, AGE. 26 YEARS, OCC. COOLIE, R/O. GALVEDI, RAYACHUTTI, TQ. CHINTAMANI, STATE. ANDHRAPRADESH, NOW AT INDIRA NAGAR, SIRSI, TQ. SIRSI, DIST. UTTARA KANNADA-581401.

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…PETITIONER

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Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA

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(BY SRI. GANAPATI M.BHAT, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS POLICE SUB-INSPECTOR, SIRSI NEW MARKET POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT DHARWAD BENCH BUILDING, DHARWAD-580011.

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RESHMA W/O. KUMARA LAMANI, AGED ABOUT 32 YEARS, OCC. COOLIE, R/O. HUNCHIKATTI THANDA,

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NC: 2025:KHC-D:15877 CRL.P No. 103973 of 2025

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HC-KAR

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POST. KAMADOLA, TALUK. RANEBENNUR, DIST. HAVERI, NOW AT C/O. SALEEMKHAN RANEBENNUR, INDIARA NAGAR, SIRSI, TQ. SIRSI, DIST. UTTARA KANNADA-581401.

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…RESPONDENTS

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(BY SRI. PRAVEENA Y.DEVAREDDIYAVAR, HCGP FOR R1; NOTICE TO R2 IS SERVED)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ALLOW THE PETITION AND ENLARGE THE PETITIONER HEREIN/ARRAYED AS ACCUSED, ON REGULAR BAIL IN SPECIAL CASE NO.88/2023 FOR AN OFFENCES PUNISHABLE UNDER SECTIONS 448, 323, 324, 363, 376-AB, 307, 177 OF IPC AND SECTION 4 AND 6 OF POCSO ACT, PENDING ON THE FILE OF COURT OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, U.K. KARWAR (SPECIAL COURT FOR TRIAL OF CASES FILED UNDER POCSO ACT) AND ETC.,.

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

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NC: 2025:KHC-D:15877 CRL.P No. 103973 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

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The petitioner is before this Court seeking for

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grant of regular bail in Crime No.71/2023 of respondentpolice for the offences under Sections 448, 323, 376(2)(1), 377 of the Indian Penal Code, 1860 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012.

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Brief facts of the case:

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The case of the prosecution is that, the mother of

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the victim filed a complaint stating that, the victim was aged about 4 years as on the date of the incident. On 22.06.2023 her husband went for work and complainant and her children were in their house. In the evening, her elder son went for tuition and victim girl was sleeping at home. The complainant has gone to neighbours house and returned around about 5.30 p.m. However, the victim was not there at home, hence, the complainant came out of her house by searching the victim. At the same time, the

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NC: 2025:KHC-D:15877 CRL.P No. 103973 of 2025

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HC-KAR

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husband of the complainant had also come. When both the complainant and her husband started searching the victim, they heard the voice of the victim from the house of the petitioner. Hence, both of them went inside the house and they saw that the accused was attempting to kill the victim and they noticed the bleeding on the face of the victim and her cloths were also removed. On seeing the victim girl, they came to know that, the accused had committed sexual assault on the victim. Immediately, they took the victim girl to the hospital for treatment and thereafter, a complaint came to be registered against the petitioner before the respondent-police.

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The respondent-police have registered a case for

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the offences stated supra . After conducting investigation, submitted the charge sheet.

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Heard Sri. Ganapati M. Bhat, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1-State.

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HC-KAR

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It is the submission of the learned counsel for the

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petitioner that, petitioner is innocent for the alleged offences. He has not committed any offences however, he has been falsely implicated on account of enmity. Hence, it is appropriate to grant him bail by imposing suitable conditions. Making such submissions, he prays to allow the petition.

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Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the petitioner has committed heinous offence on the victim who is aged about 4 years. At this stage it is not appropriate to grant bail in order to render justice to the victim. Making such submissions, learned High Court Government Pleader prays to reject the petition.

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Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that, the petitioner herein who is aged about 26 years committed sexual assault on the victim who is aged about 4 years, he was

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HC-KAR

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caught red-handedly by the parents of the victim. The manner in which he has committed the offence would indicate its gravity therefore, in my considered view it is not appropriate to grant him bail.

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