- 1 - NC: 2025:KHC-K:2635 CRL.P No. 200537 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200537 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: DHANRAJ S/O SHARNAPPA KHEDE, AGE: 32 YEARS, OCC: LABOUR, R/O HUPLA VILLAGE, TQ. BHALKI, DIST. BIDAR-585 401. …PETITIONER (BY SRI. GANESH NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH DHANNURA POLICE STATION, DIST. BIDAR, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 103. 2. xxx …RESPONDENTS (BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1; R2-SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2635 CRL.P No. 200537 of 2025 THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), U/S 483 OF BNSS(NEW), PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C (POCSO) NO.09/2025 (CRIME NO.123/2024 OF 1ST RESPONDENT/ DHANNURA POLICE STATION, BDIAR) FOR THE OFFENCES PUNISHABLE U/SEC. 137(2), 64(2),(m) OF BNS AND SECTIONS 4 AND 6 OF POSCO ACT 2012, PENDING BEFORE THE COURT OF THE ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) The accused in Spl. (POCSO) Case No.9/2025 pending before the Court of Additional and District and Sessions Judge, Bidar, arising out of Crime No.123/2024 registered by the Dhannura Police Station, Dist: Bidar, for the offences punishable under Sections 137(2), 64(2)(m) of BNS-2023 and under Sections 4 and 6 of POCSO Act, 2012, is before this Court under Section 483 of BNS-2023, seeking regular bail. - 3 - NC: 2025:KHC-K:2635 CRL.P No. 200537 of 2025 02. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent No.1 – State. The respondent No.2 who is served has remained unrepresented before this Court. 03. FIR in Crime No.123/2024 was registered by the Dhannura Police Station, Dist: Bidar initially for the offence punishable under Sections 137(2) of BNS-2023 against the petitioner herein, based on the first information dated 24.11.2024, received from the respondent No.2 who is the mother of the victim girl aged about 17 years. During the course of investigation, the petitioner herein was arrested on 02.12.2024. The investigation is completed and the charge-sheet is filed against the petitioner for the aforesaid offences. The bail petition filed by the petitioner before the Trial Court in Crl.Misc.No.86/2025 was rejected on 12.03.2025. Therefore, the petitioner is before this Court. 04. Perusal of the material on record would go to show that the victim girl was found missing from her house on 11.11.2024. The efforts made by her parents - 4 - NC: 2025:KHC-K:2635 CRL.P No. 200537 of 2025 and relatives to trace the victim girl had failed. Therefore, on 24.11.2024, the first informant who is the mother of the victim girl had approached the police and since she had suspected the hands of the petitioner herein, initially the FIR was registered against the petitioner for the offence punishable under Section 137(2) of BNS-2023. During the course of investigation, the petitioner and victim girl were traced out. The petitioner was arrested on 01.12.2024 and remanded to judicial custody. The investigation has been completed and the charge-sheet is filed against the petitioner for the aforesaid offences. During the investigation, the statement of the victim girl under Section 183 of BNSS-2023 was recorded by the jurisdictional Magistrate on 12.12.2024. The victim girl has not made any allegation against the petitioner in the said statement and on the other hand, she has said that she does not know the petitioner and she is not aware of the case on hand. She has made such statement in the presence of her mother who is the first informant in the present case. - 5 - NC: 2025:KHC-K:2635 CRL.P No. 200537 of 2025 05. Undisputedly, the petitioner has no other criminal antecedents. The allegations found in the charge- sheet against the petitioner are required to be proved in a full-fledged trial. 06. Considering the above said aspect of the matter and the statement of the victim girl under Section 183 of BNSS-2023, I am of the opinion that petitinoer’s prayer for grant of regular bail needs to be answered affirmatively. Accordingly, following order is passed: O R D E R The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.123/2024 of Dhannura Police Station Dist: Bidar, registered for the offences punishable under Sections 137(2), 64(2)(m) of BNS-2023 and under Sections 4 and 6 of POCSO Act, 2012, pending before the Addl. District and Sessions Judge, Bidar, subject to the following conditions: - 6 - NC: 2025:KHC-K:2635 CRL.P No. 200537 of 2025 a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KJJ List No.: 1 Sl No.: 20 CT: AK