- 1 - NC: 2025:KHC-D:3020 CRL.A No. 100049 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100049 OF 2025 (U/S 14 A(2) of SC & ST ACT) BETWEEN: UTTRESHA S/O. HANUMANTHAPPA AGE. 20 YEARS, OCC. COOLIE, R/O. UTTANURU VILLAGE, SIRGUPPA TQ, BALLARI DIST. 583219. …APPELLANT (BY SRI. A.M.GUNDAWADE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (THROUGH SIRGUPPA POLICE STATION), R/BY STATE PUBLIC PROSECUTOR, DHARWAD-580001. 2. CHIDANANDA S/O. THAYAMMA AGE. 48 YEARS, OCC. LABOURER, R/O. 2ND WARD, AMBEDKAR NAGAR, DESHNURU VILLAGE, SIRGUPPA TQ., DIST. BALLARI – 583212. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST ACT, PRAYING TO, ALLOW THIS APPEAL AND SET ASIDE THE ORDER PASSED BY THE FTSC-I JUDGE BALLARI DATED 17.01.2025 ENLARGE THE APPELLANT/ACCUSED NO.2 ON BAIL IN CRIME NO.267/2024 IN CONNECTION REGISTERED IN SIRUGUPPA POLICE STATION BALLARI, FOR THE OFFENCES U/S 137(2), 65(1), 64(2), (M) OF BNS AND SECTION 4(2), 5(L), 6 OF POCSO, SECTION 3(2)(V),3(2)(V)(A) OF SC/ST ACT, 1989, PENDING TRIAL OF THE CASE BEFORE ADDL. DISTRICT AND SESSION JUDGE FTSC-I, BALLARI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 10:34:30 +0530 - 2 - NC: 2025:KHC-D:3020 CRL.A No. 100049 of 2025 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL JUDGMENT The appellant, who is under investigation for offences punishable under Sections 137(2), 65(1), and 64(2)(M) of the BNS, Sections 4(2), 5(L), and 6 of the POCSO Act, and Sections 3(2)(v) and 3(2)(v)(a) of the SC/ST Act, 1989, is before this Court seeking regular bail. 2. The prosecution alleges that on 22.11.2024, Accused No. 1 approached the school gate where the survivor was studying and urged her to accompany him, threatening to commit suicide if she refused. The survivor further alleges that letters given to her by Accused No. 1 were torn apart. 3. On 23.11.2024, at approximately 8:00 AM, the survivor went to the bus stand. Around 9:00 AM, Accused No. 1, accompanied by Accused No. 2, arrived on a motorcycle. Against the survivor’s wishes, Accused No. 1 pressured her to get on the motorcycle by again threatening to commit suicide. They then took her to the Ballari bus stand. Upon arrival, Accused No. 1 handed over the motorcycle to Accused No. 2 and took the survivor on a bus, where he allegedly committed forcible sexual intercourse. 4. Although Respondent No. 2 (the complainant) was served notice, they have chosen not to appear in person or through legal counsel and have therefore been placed ex parte. The allegation against Accused No. 2 is that he merely accompanied Accused No. 1 and the survivor to the bus stand on a motorcycle. - 3 - NC: 2025:KHC-D:3020 CRL.A No. 100049 of 2025 After Accused No. 1 and the survivor boarded the bus, Accused No. 2 returned on the motorcycle. The allegation of forcible sexual intercourse is solely against Accused No. 1. 5. In light of the above, the appellant has established a prima facie case for being enlarged on bail. ORDER Accordingly, appeal is allowed. The impugned order dated 17.01.2025 passed by the F.T.S.C. I Judge Ballari in crime No.267/2024 is hereby set aside. Appellant/accused No.2 to enlarge him on bail. (a) Appellant/accused No.2 shall furnish their personal bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. (b) They shall appear before the Court as and when required. (c) They shall not threaten or allure the prosecution witnesses in whatsoever manner. (d) They shall not get involved in similar offences. (e) They shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN/Ct:vh