Karnataka High Court

Ramesh S/O. Galappa Hosamani vs The State Of Karnataka on 1 July, 2025

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                                                          NC: 2025:KHC-D:8247
                                                     CRL.P No. 102174 of 2025


                 HC-KAR




                           IN THE HIGH COURT OF KARNATAKA,
                                   DHARWAD BENCH

                          DATED THIS THE 1ST DAY OF JULY, 2025

                                        BEFORE
                       THE HON'BLE MR. JUSTICE VENKATESH NAIK T

                          CRIMINAL PETITION NO. 102174 OF 2025
                               (439 OF Cr.PC/483 OF BNSS)

                BETWEEN:

                RAMESH S/O. GALAPPA HOSAMANI,
                AGE: 43 YEARS, OCC: COOLIE,
                R/O. SAMBAPUR ROAD, SIDARTH NAGAR, GADAG,
                NOW RESIDING AT: SHIVASHANKAR NAGAR,
                OLD HUBBALLI, HUBBALLI-580024.
                                                                 ...PETITIONER
                (BY MISS. RESHMA MADIWALAR, ADVOCATE)

                AND:

                1.   THE STATE OF KARNATAKA,
                     BY OLD HUBBALLI POLICE STATION,
                     DHARWAD DISTRICT, REPRESENTED BY SPP,
                     HIGH COURT OF KARNATAKA, AT: DHARWAD-580011.
Digitally
signed by
RAKESH S
                2.   SMT. ANNAPURNA W/O. ANIL HOSAMANI,
HARIHAR              AGE: 34 YEARS, OCC: HOUSEWIFE,
Location:
High Court           R/O. SAMBHAPUR ROAD,
of Karnataka,        SIDDARTH NAGAR, GADAG-582101.
Dharwad
Bench                                                          ...RESPONDENTS
                (BY SMT. KIRTILATA R. PATIL, HCGP)

                      THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C.
                (U/S.483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/SOLE
                ACCUSED ON BAIL IN THE CRIME NO.249/2024 FOR OFFENCES U/S.
                351(2), 351(3), 65(1) OF BNS AND SECTION 4 AND 6 OF THE
                POCSO ACT, 2012, ON THE FILE OF THE OLD HUBBALLI POLICE
                STATION, NOW PENDING ON THE FILE OF THE II ADDL. DISTRICT
                AND SESSIONS AND SPL. JUDGE, DHARWAD, IN SPL.SC.
                NO.15/2025, IN THE INTEREST OF JUSTICE AND EQUITY.

                     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
                WAS MADE THEREIN AS UNDER:
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                                        NC: 2025:KHC-D:8247
                                  CRL.P No. 102174 of 2025


HC-KAR




                      ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

Heard Smt.Reshma Madiwalar, learned counsel for

the petitioner-accused and Smt.Kirtilata Patil, learned High

Court Government Pleader for respondent-State.

2. The petitioner has filed this petition under

Section 483 of BNSS-2023 (439 of Cr.P.C.) to enlarge him

on bail in Crime No.249/2024 (Spl.C.No.15/2025 pending

on the file of II Addl. District and Sessions Judge, Dharwad

and Special Court for the offences under the POCSO Act

and SC & ST (POA)Act.) of Old Hubballi Police Station,

registered for the offences punishable under Sections

351(2), 351(3), 65(1) of BNS-2023 and Section 4 and 6 of

the Protection of Children from Sexual Offences Act-2012.

3. Brief facts of the prosecution case are as under:

The victim girl, aged about 14 years is none other

than the daughter of the first informant and she is a

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resident of Gadag. The Accused is none other than the

paternal uncle (brother of the father of the victim) of the

victim. On 24.09.2024, the victim had been to the house

of her grandmother as her grandmother is unwell. At that

time, accused asked her to stay in his house as her grand-

mother's house is too small. At that time, the accused

under intoxication committed aggravated and penetrative

sexual assault on the victim. Thus, she became pregnant.

When the victim girl was tested by the medical officer, she

was found to be pregnant. Therefore, the first informant

lodged complaint, which leads registration of FIR and

investigation. During the course of investigation, the

petitioner was arrested by the respondent-Police and in

turn, he was remanded to the judicial custody. Now, the

investigating officer, after investigating the matter, has

filed the charge sheet before the Special Court.

4. The learned counsel for the petitioner

vehemently contended that the petitioner is innocent. He

has not committed any offence as alleged by the

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prosecution and he has been falsely implicated in the case

and there is no material against the petitioner. In this

case, DNA report is negative and as per the RFSL report,

no seminal stains are detected. Now, the investigation is

completed, and the Investigating Officer has already filed

a charge sheet against the accused and there is no

necessity of the petitioner to continue in judicial custody

and the petitioner is ready to abide by the conditions

imposed by this Court. Hence, prays to allow the petition.

5. Per contra, learned HCGP would contend that

there is prima facie material against the petitioner. The

statement of the victim recorded under Section 164 of

Cr.P.C., she has categorically stated against the accused

and the manner of aggravated and penetrative sexual

assault made on her. The medical report clearly indicates

that the hymen is ruptured. The victim is minor aged 14

years and the DNA report is not a conclusive proof. If the

accused is released on bail, he would tamper the

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prosecution witnesses and hamper the investigation and

hence prays to dismiss the bail petition.

6. On perusal of the material available on record,

it reveals that the victim was a minor at the time of

commission of the offence. As per the statement of victim

recorded under Section 164 of Cr.P.C., she has stated that

the accused under intoxicated conditions, committed

aggravated and penetrative sexual assault on her, when

she visited the house of the accused, knowing fully well

that, the victim was a minor girl. On perusal of the medical

record, it reveals that the hymen of the victim girl is

ruptured.

7. Now the petitioner is relying on the DNA report

issued by the Scientific Officer, RFSL, Hubballi. According

to which, the sample blood furnished is excluded from the

blood of the biological father of the fetus. However, the

DNA report does not falsify the entire case of prosecution

as rightly submitted by the learned HCGP. In the instant

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case, it is alleged that the victim girl is aged about 14

years and the medical officer has conducted PCR test.

8. The co-ordinate Bench of this Court in a

reported judgment in Crl.P.No.6789/2022 in paragraph

No.12 and in 2022 SCC OnLine KAR 1542 at paragraph-

14, clearly held that 'the DNA report is not a conclusive

proof'. The version of the victim as stated in the first

information and also in her statement recorded under

Section 164 of Cr.P.C., cannot be ignored in toto.

However, now the material on record i.e. DNA report

discloses that the petitioner is not the biological father of

the fetus. To that extent, the contentions taken by the

accused can be accepted at this stage. The petitioner is in

judicial custody since 7 months i.e. from the date of

arrest. The trial in the matter may take a considerable

amount of time. The petitioner is a permanent resident of

the address mentioned in the cause title of the petition

and he is ready and willing to abide by the conditions

imposed by this Court. Under these circumstances, the

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petitioner may be enlarged on bail with stringent

conditions.

9. Accordingly I proceed to pass the following:

ORDER The criminal petition is allowed.

The petitioner-accused is ordered to be enlarged on

bail in Crime No.249/2024 (Spl.C.No.15/2025 pending on

the file of II Addl. District and Sessions Judge, Dharwad

and Special Court for the offences under the POCSO Act

and SC & ST (POA)Act.) of Old Hubballi Police Station, on

the following conditions.