SHRI. SHANKAR ALIAS SHANKRAPPA S/O GYANAPPA RATHOD vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-D:16704
CRL.P No. 101455 of 2026
CNR: KAHC020110012026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 101455 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
SHRI. SHANKAR @ SHANKRAPPA
S/O. GYANAPPA RATHOD,
AGED ABOUT 25 YERAS, OCC: PRIVATE
R/O. HADAGALI VENAPPANA TANDA,
TQ: MASKI, DIST: RAICHUR 584124.
… PETITIONER
(BY SRI. MAHANTESH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(GOKUL ROAD P.S.)
BY ITS STATE PUBLIC PROSECUTOR
ADVOCATE GENERAL’S OFFICE,
HIGH COURT BENCH PREMISES,
DHARWAD-01.
2. XXXX
AGED ABOUT 19 YEARS,
R/O. #310 BANJARA COLONY,
GOKUL RAOD, HUBBALLI-580030,
TQ: HUBBALLI, DIST: DHARWAD.
3. KAMANNA PAMMAR
AGE: MAJOR,
R/O. LIMBEPPANA TANDA,
TQ: LINGASUR, DIST: RAICHUR,
MASKI 584125.
… RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1,
SRI GOURISHANKAR H. MOT, ADVOCATE FOR R2 AND R3)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
- 2 -
HC-KAR
NC: 2026:KHC-D:16704
CRL.P No. 101455 of 2026
CNR: KAHC020110012026
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS
(U/SEC. 439 OF CR.P.C.), PRAYING TO ENLARGE THE PETITIONER/
ACCUSED NO.1 ON BAIL ON SUCH TERMS AND CONDITIONS AS
DEEMED FIT IN THE CIRCUMSTANCES IN SPL. SC. NO. 3/2026 IN
CRIME NO. 157/2025, GOKUL ROAD PS., PENDING ON FILE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL COURT
FOR TRAIL OF THE OFFENCES UNDER THE P.O.C.S.O ACT AND S.C
AND S.T (P.O.A) ACT, DHARWAD PUNISHABLE U/SEC. 376, 417,
504, 506, OF IPC, R/W SECTION 4 6, 14 AND 15 OF POCSO ACT
2012 AND SEC. 67 OF IT ACT 2000.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
This petition is filed by the petitioner/accused No.1
under Section 483 of the Bharatiya Suraksha Nyaya
Sanhita, 2023, seeking to enlarge him on regular bail
Special S.C.No.3 of 2026 in connection with Crime
No.157/2025 of Gokul road police station, registered for
the offences punishable under Sections 376, 417, 504,
506 of IPC, read with Sections 4, 6, 14 and 15 of POCSO
Act, 2012 and Section 67 of IT Act, 2000, pending of the
file of learned II Addl. District and Sessions Court,
Dharwad.
- 3 -
HC-KAR
NC: 2026:KHC-D:16704
CRL.P No. 101455 of 2026
CNR: KAHC020110012026
2. The brief facts of the prosecution case, in a
nutshell, are as follows:
The de facto complainant lodged the complaint alleging
that during the year 2022-2023, when the victim was studying
in II Year PUC at Government College, Gopanakoppa, Hubballi,
the petitioner came in contact with the victim and enticed her
by stating that he loved her and was frequently talking with her
over phone. On 18.01.2023 at about 9:00 a.m., accused No.1,
by enticing the victim, took her to Residency Hotel at APMC,
Hubballi, took photographs and committed penetrative sexual
assault on her inspite of her resistance. It is further alleged
that the accused had promised the victim that he would marry
her soon after she attained majority. However, the said
promise was broken and, on 07.11.2025, she came to know
that the petitioner had performed marriage with another girl. It
is also alleged that the petitioner had broken the marriage talks
by circulating the photographs and videos to the relatives and
friends of the victim. Accordingly, the victim- de facto
complainant lodged the complaint.
- 4 -
HC-KAR
NC: 2026:KHC-D:16704
CRL.P No. 101455 of 2026
CNR: KAHC020110012026
3. The S.H.O, of Gokul Road Police Station has registered
a case and the Investigating Officer, investigated the matter.
During the course of investigation, the petitioner was arrested
and in turn, remanded to judicial custody. Hence, this petition.
4. Heard the learned counsel for the petitioner and
learned HCGP for respondent- State and respondent No.2.
5. Learned counsel for the petitioner vehemently
contended that the petitioner has been falsely implicated in the
case and there was a love affair between the petitioner and the
victim. It is contended that the alleged incident occurred in the
year 2023 and, after a lapse of 2 years and 10 months, the
victim has lodged the complaint after coming to know about the
marriage of the petitioner with another girl. Further, the victim
has not stated anything against the petitioner in her statement
recorded under Section 183 of the BNSS, 2023 and there is no
corroborative medical evidence. It is contended that now, the
investigation is completed and the Investigating Officer has
filed the charge-sheet. The petitioner is ready and willing to
abide by the conditions to be imposed by this Court. Hence,
learned counsel for the petitioner prayed to allow the petition.
- 5 -
HC-KAR
NC: 2026:KHC-D:16704
CRL.P No. 101455 of 2026
CNR: KAHC020110012026
6. Per contra, learned High Court Government Pleader for
respondent No.1-State and learned counsel appearing for
respondent No.2 vehemently contended that there is a prima
facie case against the petitioner and the allegation against the
petitioner is that he has committed penetrative and aggravated
sexual assault on the victim on several occasions. It is
contended that if the petitioner is released on bail, he may
tamper with the prosecution witnesses and hamper the trial. It
is further contended that there is a possibility of the petitioner
circulating the photographs and videos of the victim through
social media and WhatsApp groups. Hence, they prayed for
dismissal of the petition.
7. On perusal of the material available on record, it
reveals that the victim was minor at the time of the commission
of the offence. The alleged incident occurred on 18.01.2023,
whereas the complaint was lodged on 09.11.2025. Thus, there
is a delay of about 2 years and 10 months in lodging the
complaint, when the first informant came to know about the
marriage of the petitioner with another woman.
- 6 -
HC-KAR
NC: 2026:KHC-D:16704
CRL.P No. 101455 of 2026
CNR: KAHC020110012026
8. As per the statement of the victim recorded under
Section 183 of the BNSS, 2023, it appears that she has not
stated about the commission of penetrative or aggravated
sexual assault by the petitioner on her, but she in categorical
terms has stated that the petitioner, on the promise of
marriage, committed penetrative and aggravated sexual
assault on her and after about 2 years and 10 months, she
came to know about the marriage of the accused with another
lady. It is further stated that the petitioner/accused and his
brother were circulating the photographs and videos to the
relatives and friends of the victim. On that premise, the victim
lodged the complaint.
9. As per the medical report, the Doctor has opined that
“after detailed history, clinical examination and investigation of
sexual assault can neither be confirmed nor refuted”. It clearly
shows that the Medical Officer has furnished the abstract
opinion and there is no definite medical opinion with regard to
the commission of penetrative or aggravated sexual assault on
the victim by the petitioner/accused.
- 7 -
HC-KAR
NC: 2026:KHC-D:16704
CRL.P No. 101455 of 2026
CNR: KAHC020110012026
10. Admittedly, the investigation is completed and the
Investigating Officer has filed the charge-sheet. Considering the
nature and gravity of the offences, position and status of the
petitioner with reference to the victim and witnesses, the fact
that there is a delay of 2 years and 10 months in lodging the
complaint and there is no definite medical opinion as to the
commission of the alleged offence and the victim has not
specifically made any allegations against the petitioner in her
statement recorded under Section 183 of the BNSS, 2023, this
Court is of the opinion that the petitioner is entitled to be
enlarged on bail. Hence, the Court proceed to pass the
following:
ORDER
allowed
The criminal petition is .
The petitioner-accused No.1 is ordered to be enlarged on
bail in Spl.SC.No.3/2026, pending on the file of learned II
Additional District and Sessions Judge, Dharwad, arising out of
Crime No.157/2025 of Gokul Road Police Station, Dharwad, on
executing personal bond in a sum of Rs.2,00,000/- with two
- 8 -
HC-KAR
NC: 2026:KHC-D:16704
CRL.P No. 101455 of 2026
CNR: KAHC020110012026
sureties for the like sum to the satisfaction of learned Sessions
Judge, subject to the following conditions:
(i) The petitioner shall not threaten or tamper the
prosecution witnesses either directly or indirectly.
(ii) The petitioner shall attend the trial Court regularly
as and when required.
(iii) The petitioner shall not involve in the similar or
any other offences.
(iv) The petitioner shall not upload/circulate the
photographs or videos of the victim girl through
any social media platform or any other WhatsApp
group of his friends, relatives or to the friends or
relatives of the victim.
Violation of any one of the conditions, would entitle the
prosecution to seek for cancellation of the bail.
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
BAM,AM
CT:GSM
List No.: 1 Sl No.: 18