Basavaraj v. the State through Balaganoor Station
Case brief
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NC: 2025:KHC-K:1558 | CRL.P No. 200312 of 2025 (439(Cr.PC)/483(BNSS)) | High Court of Karnataka, Kalaburagi Bench | Coram: Hon'ble Mr. Justice S Rachaiah | Dated 11th day of March, 2025 | Criminal Petition under S. 483 BNSS by Basavaraj s/o Husenappa (accused, petitioner; Adv. Avinash A. Uplaonkar) seeking bail in Crime No.72/2024 of Balaganoor Police Station, Dist. Raichur, for offences punishable under Ss. 376 & 506 IPC and Ss. 4 & 6 POCSO Act, 2012, pending as Spl.C.No.5370/2024 before III Additional District & Sessions Judge, Raichur, sitting at Sindhanur; respondents: State through Balaganoor PS (HCGP Gopal Krishna Yadav) and victim's father Mahalingappa s/o Yamanappa (R2 served). Allegation: petitioner, maternal uncle residing in the same house, sexually assaulted the 17-year-old minor handicapped victim repeatedly, causing pregnancy; complaint registered 17.06.2024; charge sheet submitted. Deciding factor: DNA report indicating petitioner not the biological father of the fetus. Disposition: petition allowed; bail on Rs.1,00,000/- personal bond with one surety for likesum, with conditions barring interference/Trial Court proceedings obstruction, witness threatening or tampering, and requiring appearance on all hearing dates. No precedent cases cited in the judgment.