Naveen K J Vs the State of Srinivaspura Ps

NAVEEN K J S/O. JAYARAM REDDY AGED ABOUT 33 YEARS DRIVER IN KSRTC CHINTAMANI DEPOT R/A. KANIGANAHALLI VILLAGE RONUR HOBLI, SRINIVASPURA TALUK KOLAR 563 135 …APPELLANT

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(BY SRI.Y.SADASHIVA REDDY, SR.ADVOCATE)

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AND:

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THE STATE OF SRINIVASPURA PS REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001

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Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

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VIDYASHREE D/O NARAYANSWAMY AGED ABOUT 22 YEARS R/A NO. CHAMPALLI VILLAGE SRINIVASPUR TALUK KOLAR DISTRICT 563 135 …RESPONDENTS

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(BY SMT.RASHMI PATEL, HCGP FOR R1; SMT. ASHRITHA A. SHETTY, ADVOCATE FOR R2)

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 03.02.2025 PASSED IN CR.NO.14/2025 BY THE II ADDL. DISTRICT AND SESSIONS JUDGE AT KOLAR, AND ALLOW THE SAME BY DIRECTING THE 1^ST RESPONDENT POLICE TO RELEASE THE APPELLANT ON BAIL IN CR.NO.14/2025 REGISTERED BY THE SRINIVASPURA P.S FOR

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NC: 2025:KHC:30482 CRL.A No. 610 of 2025

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HC-KAR

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THE OFFENCES P/U/S 69 OF BNSS AND SECTION 3(2)(V) OF THE SC AND ST (POA) AMENDMENT ACT, 2018 ON THE FILE OF THE II ADDL. DISTRICT SESSIONS JUDGE AT KOLAR.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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ORAL JUDGMENT

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The appellant has filed this appeal seeking regular bail in Crime No.14/2025 for the offences punishable under Sections 69 of BNS and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015.

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The respondent – Police lodges a complaint stating that two years ago when she was studying at Women’s College, Kolar, the appellant met the complainant and thereafter they both started loving each other. Subsequently, he promised her that he would marry her and had physical relationship with her since 02.02.2024. She got conceived and same was informed to the appellant and requested him to marry her.

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On 01.01.2025 she fell ill and she was shifted to

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Vani Vilas Hospital, Bangalore and on the same day she gave birth to a male child. After the incident she met the appellant

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NC: 2025:KHC:30482 CRL.A No. 610 of 2025

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HC-KAR

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and asked him to marry her. However he refused to marry her.

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Hence, she lodges a complaint against him.

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Based on the complaint the respondent – Police have registered a complaint in Crime No.14/2025. The investigation has been completed and charge-sheet has been filed.

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Per Contra, the learned High Court Government Pleader vehemently opposed in granting bail and she further submitted that the accused/appellant has committed heinous offence. Therefore, he is not entitled for any relief as prayed for.

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Having heard learned counsel for the appellant it appears from the record that the victim being a major had voluntarily involved in the act of sexual intercourse with the appellant and she became pregnant and gave birth to a male child. Till then, she did not disclose the said fact to her parents or any of her relatives.

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The investigation has been completed and chargesheet has been filed. However, nothing is there regarding establishment of paternity or the Investigation Officer has not made any efforts to get the D.N.A test to establish the

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NC: 2025:KHC:30482 CRL.A No. 610 of 2025

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HC-KAR

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paternity. Such being the fact it is a fit case to grant bail without adverting the merits of the case. Hence, I proceed to pass the following :

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ORDER

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i. The Criminal Appeal is allowed .

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ii. The Order dated 03.02.2025 passed in Crime No.14/2025 on the file of II Additional District and Sessions Judge, Kolar, for the offences punishable under Section 69 of BNS and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015, is hereby, set aside.

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iii. The appellant is enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- to the like sum of the satisfaction of the Trial Court.

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Sd/(S RACHAIAH) JUDGE

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NM List No.: 1 Sl No.: 18

Naveen K J v. the State of Srinivaspura Ps

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Naveen K J v. the State of Srinivaspura Ps

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