- 1 - NC: 2025:KHC-K:2721 CRL.P No. 200771 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200771 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHAREEF S/O BABUSAB, AGE: 25 YEARS, OCC: AGRICULTURE, R/O PAMANAKALLUR VILLAGE, TQ. MASKI, DIST. RAICHUR-584 124. …PETITIONER (BY SRI. GANESH NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH KAVITHAL POLICE STATION, DIST. RAICHUR, REPRESENTED BY ADDL. SPP, HIGH COURT OF KANATAKA, KALABURAGI BENCH DIST. KALABURAGI-585 103. 2. AYYAPPA S/O DURUGAPPA, AGE: 47 YEARS, OCC: AGRICULTURE, R/O PAMANAKALLUR VILLAGE, TQ. MASKI, DIST. RAICHUR-584 124. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1; R2-SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2721 CRL.P No. 200771 of 2025 THIS CRIMINAL PETITIION IS FILED UNDER SECTION 439 OF CR.P.C(OLD) UNDER SECTION 483 OF BNSS, PRAYING TO ALLOW THE PETITION THEREBY ENLARGE THE PETITIONER ON BAIL IN CRIME NO.114/2024 REGISTERED BY THE KAVITHAL POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SDCTIONS 137(2), 64 AND 351(2) OF BNS-2023 AND SECTION 4 OF POCSO ACT, 2012, PENDING ON THE FILE OF THE COURT OF THE III ADDL. DIST. AND SESSIONS JUDGE RAICHUR SITTING AT SINDHANUR IN SPL. CASE NO.5010/2025. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) This petition is filed under Section 483 of BNSS-2023 i.e., under Section 439 of Cr.P.C. for grant of regular bail in Crime No.114/2024 registered by Kowithal Police Station, Dist: Raichur, against the petitioner, for the offences punishable under Sections 137(2), 64 and 351(2) of BNS-2023 and Section 4 of POCSO Act, 2012. - 3 - NC: 2025:KHC-K:2721 CRL.P No. 200771 of 2025 02. The brief facts of the case are that on 20.11.2024 at about 08.30 p.m. the victim in this case went outside the house and did not return thereafter. Though her father searched her at his relatives house, she did not traced. As such, he has lodged the complaint on 21.11.2024 before the respondent – police. Later, during the course of investigation, the respondent – police traced the victim. On her statement it was revealed that the accused had taken her on the promise of loving her to Kalpadur village of Bantwal Taluka South Canera District and they had stayed for a period of 10 days and the accused forcibly committed sexual assault on her. Accordingly, the accused arrested on 25.11.2024. Even since then he was in judicial custody. Presently, the respondent – police have investigated the matter and filed the charge-sheet against the accused for the aforesaid offences. Aggrieved by the same, the petitioner has preferred bail petition before the learned III Addl. Dist. And Sessions Court at Raichur sitting at Sindhanur and Special Judge for Trial of the cases under POCSO Act, in Crl.Misc.No.5129/2025 for grant of regular bail, the same came to be rejected vide order dated 03.04.2025. Hence, this petition. - 4 - NC: 2025:KHC-K:2721 CRL.P No. 200771 of 2025 03. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent No.1 – State and also on behalf of respondent No.2. 04. As could be gathered from the records i.e., more particularly the complaint and the statement of the victim under Section 164 of Cr.P.C., the victim went along with the accused on his motorbike on 20.11.2024 and thereafter, both had went to Mangaluru and stayed there for 10 days. During that time, she failed to lodge any complaint to the police or her parents. 05. All though it is contended by the learned High Court Government Pleader that the victim was minor, but on perusal admission register filed by the prosecution along with the charge-sheet reveals that the victim as on the date of incident the victim was aged 17 years 19 months and above. - 5 - NC: 2025:KHC-K:2721 CRL.P No. 200771 of 2025 06. In such circumstances, without expressing any opinion on the merits of the case, it suffices to hold that further judicial custody of the petitioner does not call for. Accordingly, the petition deserves to be allowed. Hence, the following; O R D E R The petition filed under Section 483 of BNSS-2023, is allowed. Consequently, the petitioner/accused shall be released on bail in connection with Crime No.114/2024 registered by Kowithal Police Station, Dist: Raichur, against the petitioner, for the offences punishable under Sections 137(2), 64 and 351(2) of BNS-2023 and Section 4 of POCSO Act, 2012, on the following conditions: i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the likesum to the satisfaction of the jurisdictional Court. - 6 - NC: 2025:KHC-K:2721 CRL.P No. 200771 of 2025 ii) The petitioner shall mark his attendance once in a week on every Sunday between 10:00 a.m., and 05:00 p.m., before the Investigating Officer or before the jurisdictional Court. iii) The petitioner shall not tamper with the prosecution witnesses or prevail upon the prosecution witnesses in any manner. iv) The petitioner shall attend the jurisdiction court regularly on all dates of hearing and shall cooperate with the investigation authority. v) The petitioner shall not leave the jurisdiction of the trial Court without its prior permission. Sd/- (RAJESH RAI K) JUDGE KJJ List No.: 1 Sl No.: 11 CT: AK