Mahanthesh Aliyas Malatesh ... vs The State Of Karnataka
2025 Latest Caselaw 4301 Kant

Citation : 2025 Latest Caselaw 4301 Kant
Judgement Date : 21 February, 2025

Karnataka High Court

Mahanthesh Aliyas Malatesh ... vs The State Of Karnataka on 21 February, 2025

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                                     -1-
                                                                                   NC: 2025:KHC-D:3567
                                                                            CRL.A No. 100017 of 2025




                                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                               DATED THIS THE 21ST DAY OF FEBRUARY, 2025
                                                                   BEFORE
                                           THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
                                       CRIMINAL APPEAL NO. 100017 OF 2025 (U/S 14 A(2) of SC and ST ACT)

                                      BETWEEN:

                                      MAHANTHESH @ MALATESH
                                      SHUBHASAPPA MARATA,
                                      AGE. 25 YEARS, OCC. COOLIE,
                                      R/O. KAVALETTU, TQ. RANEBENNUR,
                                      DIST. HAVERI-581123.
                                                                                           ...APPELLANT
                                      (BY SRI. V.M.BANAKAR, ADVOCATE)

                                      AND:

                                      1.   THE STATE OF KARNATAKA
                                           TRHOUGH KUMARAPATTANAM P.S.,
                                           R/BY STATE PUBLIC PROSECUTOR,
                                           HIGH COURT OF KARNATAKA,
                                           DAHRWAD BENCH, DAHRWAD-580011.

                                      2.   MANJULA W/O. CHANDRAPPA ITAGI
                                           AGE 39 YEARS, OCC. COOLIE,
              Digitally signed by B
              K                            R/O. KAVALETTU, TQ. RANEBENNUR,
              MAHENDRAKUMAR
BK            Location: HIGH
MAHENDRAKUMAR COURT OF
                                           DIST. HAVERI-581123.
              KARNATAKA
              DHARWAD BENCH
              Date: 2025.02.22
                                                                                       ...RESPONDENTS
              11:47:24 +0530
                                      (BY SRI. T.HANUMAREDDY, AGA FOR R1;
                                       SMT. DEEPA P.DODDATTI, ADV. FOR R2)

                                            THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC/ST
                                      (P.C.ACT) AMENDMENT ACT 2015 SEEKING TO ENALRGE THE
                                      APPELLANT/ACCUSED NO.1 BAIL, IN CONNECTION WITH
                                      KUMARPATTANAM PS CR NO. 63/2024, PENDING ON THE FILE OF
                                      ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 HAVERI, IN SPL.
                                      SC AND ST NO. 61/2024. REGISTERED FOR THE OFFENCES
                                      P/U/SEC 137(2) OF BNS 2023 U/SEC. 363, 376(2)(n), 143, R/W 149 OF
                                      IPC AND U/SEC. 4, 6, 8, 12 AND 17 POCSO ACT AND 3(2)(va), 3(1)
                                      w(1) OF SC/ST ACT 2015, SET ASIDE THE ORDER DATED
                                      03.12.2024 IN SPL. SC AND ST NO. 61/2024 PASSED BY ADDL.
                                      DISTRICT AND SESSIONS JUDGE FTSC-1, HAVERI.
                                  -2-
                                               NC: 2025:KHC-D:3567
                                        CRL.A No. 100017 of 2025




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

CORAM:     THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

                          ORAL JUDGMENT

1. The appellant/Accused No.1, who has been charge- sheeted for offences punishable under Section 137(2) of BNS 2023, Sections 363, 376(2)(n), and 143 read with 149 of the Indian Penal Code (IPC), as well as Sections 4, 6, 8, 12, and 17 of the POCSO Act, and Sections 3(2)(va) and 3(1)(w)(i) of the SC/ST Act, 2015, has approached this Court seeking regular bail.

2. The prosecution alleges that the survivor, after discontinuing her studies, was working in a distillery factory. She became acquainted with the accused, and they frequently communicated via mobile phone. On 12.09.2024, while the complainant and the survivor were walking to work, the survivor turned away and, despite a search, could not be found. It was suspected that the accused had kidnapped her.

3. The complainant filed a complaint, and the survivor was subsequently traced on 14.09.2024 at Konantambagi village, Haveri Taluk. She was subjected to a medical examination, and it is alleged that the accused forcibly sexually assaulted her, resulting in pregnancy. Further investigation confirmed that the survivor had given birth to a male child.

NC: 2025:KHC-D:3567

4. Heard the learned Additional Government Advocate for the respondent - State and the learned counsel for respondent No.2.

5. The learned counsel for respondent No.2 vehemently opposed the bail application, contending that the accused might threaten the survivor and her family members. Therefore, it was argued that the accused is not entitled to bail.

6. A perusal of the charge sheet material indicates that the survivor was approximately 17 years and 5 months old at the time of the incident, while the accused was 25 years old. In her further statement, the survivor stated that she was in contact with the accused and that they frequently spoke on the phone. Whether this is a case of elopement or kidnap is a matter that requires adjudication during the trial.

7. The learned counsel for the appellant on receiving instructions submitted that the accused is willing to solemnize marriage with the survivor and take responsibility for the child.

8. In light of the above, the appellant has established a prima facie case for being granted bail.

Accordingly, I pass the following:

ORDER

i) The appeal stands allowed.

NC: 2025:KHC-D:3567

ii) The impugned order dated 03.12.2024 passed by the Addl.

District and Sessions Judge, and FTSC-I, Haveri in Spl.SC/ST No.61/2024 is set aside, subject to following conditions:

a) The appellant/accused No.1 shall furnish indemnity bond for a sum of Rs.One lakh with one surety for the likesum to the satisfaction of the jurisdictional Court.