Karnataka High Court
Shri. Lagamappa S/O Nagappa Khaddi vs The State Of Karnataka on 13 May, 2025
-1-
NC: 2025:KHC-D:7186
CRL.P No. 101702 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF MAY 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
CRIMINAL PETITION NO.101702 OF 2025
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. SHRI. LAGAMANNA
S/O. NAGAPPA KHADDI,
AGE: 24 YEARS,
OCC: WORKING IN HOTEL,
R/O: JODAKURULI, VASCODINAGAR,
TQ: CHIKKODI,
DIST: BELAGAVI - 591 213.
2. SHRI. BALESH
S/O. SIDDAPPA SANKRATTI,
AGE: 21 YEARS,
Digitally signed by
ASHPAK
OCC: AGRICULTURE,
KASHIMSA
MALAGALADINNI R/O: JODAKURULI, VASCODINAGAR,
Location: High
Court of TQ: CHIKKODI,
Karnataka,
Dharwad Bench,
Dharwad
DIST: BELAGAVI - 591 213.
...PETITIONERS
(BY SRI. S. M. MUCHHANDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THE POLICE INSPECTOR
CHIKKODI POLICE STATION,
TQ: CHIKKODI,
DIST: BELAGAVI - 591 201,
-2-
NC: 2025:KHC-D:7186
CRL.P No. 101702 of 2025
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
AT DHARWAD BENCH - 580 011.
2. SHRI. MALAKARI
S/O. KENCHAPPA NASLAPURE
(FATHER OF VICTIM)
AGE: 38 YEARS, OCC: SHEPHARD,
R/O: JODAKURULI, BASAVAN KHODI,
TQ: CHIKKODI AND
DIST: BELAGAVI - 591 213.
...RESPONDENTS
(BY SRI. GIRIJA HIREMATH, HCGP FOR R1;
SRI M.C.HUKKERI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYED THAT THE PETITION BE
ALLOWED AND THE PETITIONERS/ACCUSED NO.1 AND 2 MAY
KINDLY BE ENLARGED ON REGULAR BAIL IN (CHIKODI P.S. CRIME
NO.89/2024) SPL. CASE NO.442/2024 UNDER SECTIONS 363, 323,
376(2)(i), 109, 506 READ WITH 34 OF IPC AND SECTIONS 4, 6, 12,
17 AND 18 OF POCSO ACT, PENDING TRIAL ON THE FILE OF THE
ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI, TO MEET
THE ENDS OF JUSTICE.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
-3-
NC: 2025:KHC-D:7186
CRL.P No. 101702 of 2025
ORAL ORDER
1. The petitioners-accused Nos.1 and 2 are before this
Court seeking for the regular bail under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS, 2023’ for
short) in connection with Crime No.89/2024 (Spl.Case
No.442/2024) for the offences punishable under Sections 363,
323, 376(2)(i), 109, 506 read with Section 34 of the IPC and
Sections 4, 6, 12, 17 and 18 of the POCSO Act, 2012,
registered by the Chikkodi Police Station.
2. The case of the prosecution is that complainant’s
daughter, a minor was allegedly sexually assaulted by accused
No.1 while being accompanied by he 2nd and 3rd accused who
supported accused No.1. The accused were charged for the
offences punishable stated supra.
3. Heard the learned counsel for the petitioners,
learned HCGP for the State and the learned counsel appointed
for respondent No.2, who is present before the Court pursuant
to the earlier directions.
-4-
NC: 2025:KHC-D:7186
CRL.P No. 101702 of 2025
4. Learned counsel for the petitioners submits that
accused have been falsely implicated in the present case. It is
argued that the victim, though a minor, was in consensual
relationship with the petitioner No.1 (accused No.1) and there
was no use of force or coercion. The medical examination
report does not indicate any injuries on the victim and there is
no evidence of physical violence. The petitioner further submits
that he has no criminal antecedents, is a permanent resident,
and undertakes to co-operate with the trial and not to tamper
with prosecution witnesses.
5. Learned HCGP opposes stating that the offence
involves a minor and falls under the POCSO Act, which carries
serious implications. It is contended that, as per law, consent of
a minor is not legally valid and charges involve serious
concerns. However, it is conceded that the charge sheet has
been filed and further custodial interrogation is not necessary.
6. Learned counsel for respondent No.2 submits that
victim, though a minor, has voluntarily stated her willingness to
continue the relationship with petitioner No.1. Her statement
under Section 164 of Cr.P.C. supports the version that there
-5-
NC: 2025:KHC-D:7186
CRL.P No. 101702 of 2025
was no force or coercion. The respondent No.2 has filed
statement of objections through his counsel to the bail petition
before the trial Court. In fact, the objections supports the bail
on the ground that the victim is undergoing mental agony due
to the continued judicial custody of the petitioner No.1
(accused No.1) and has expressed her desire to marry him.
7. Considering the overall facts and circumstance of
the case, particularly the victim as being on the verge of
majority, the absence of any physical injuries as per medical
records, the consensual nature of the relationship as per the
victim’s own statement, and the support of the victim for the
bail application – this Court is of the view that petitioners are
entitled to be enlarged on bail.
8. Accordingly, the petitioners are ordered to be
released on regular bail in Crime No.89/2024 (Spl.Case
No.442/2024) subject to the following conditions:
a. The petitioners-accused Nos.1 and 2 shall furnish
personal bonds to a sum of Rs.1,00,000/- each
with two sureties of likesum to the satisfaction of
the trial Court.
-6-
NC: 2025:KHC-D:7186
CRL.P No. 101702 of 2025b. The petitioners-accused Nos.1 and 2 shall not
tamper with the prosecution witnesses or
tamper the investigation in any manner.
c. The petitioners-accused Nos.1 and 2 shall
appear before the trial Court on all hearing
dates without fail and shall not leave the
jurisdiction of the trial Court without prior
permission.
Any violation of the above conditions will entitle the
prosecution to seek cancellation of bail.
__________sd/-________
JUSTICE K.S.HEMALEKHARH
List No.: 3 Sl No.: 11
[ad_1]
Source link