- 1 - HC-KAR NC: 2025:KHC-D:9968 CRL.P No. 102232 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102232 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. GONEPPA M S/O. TAKAPPA, AGE: 23 YEARS, OCC: COOLIE, R/O. MANYARAMASALAVADA VILLAGE, HADAGALI TALUK, VIJAYANAGAR-591222. …PETITIONER (BY SMT. ANUSHA SANGAMI,ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HIREHADAGALI POLICE STATION, HADAGALI, DIST. VIJAYANAGAR, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. B. VEERESH BARIKAR S/O. PARVATHAMMA AGE: 40 YEARS, OCC: COOLIE, R/O: MANYARA, MASALWAD, TQ: HADAGALI, DIST:VIJAYANAGAR, PINCODE-591222. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. N.C. KOLLOORI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO.21/2025 OF HIREHADAGALI POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE U/S 137(2), 64(2)(M), OF BHARATIYA NYAYA SANHITA 2023 AND UNDER SECTION 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 NOW IN SPL.C.553/2025. RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9968 CRL.P No. 102232 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The accused in Special Case No.553/2025 pending before the Court of Additional District and Sessions Judge, FTSC-1, Ballari, arising out of Crime No.21 of 2025 registered by Hirehadagali Police Station, Hadagali Circle, Vijayanagara, for offences punishable under Sections 137(2) and 64(2)(m) of BNS, 2023 and Sections 4 and 6 of the POCSO Act, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties, 3. FIR in Crime No.21 of 2025 was registered by Hirehadagali Police Station, Vijayanagar initially for the offence punishable under Section 137(2) of BNSS, 2023 against the petitioner herein based on the first information dated 17.02.2025 received from respondent No.2, who is the father of victim girl, aged about 16 years 6 months as - 3 - HC-KAR NC: 2025:KHC-D:9968 CRL.P No. 102232 of 2025 on the date of registration of the FIR. During the course of investigation, the petitioner and the victim girl were traced together in a Estate at Chikkamagalur and were brought back to their village. The petitioner was arrested on 05.03.2025 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the trial Court was rejected on. 29.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Learned HCGP and the learned counsel for respondent No.2 have opposed the prayer made in the petition. They submit that, the victim girl was a minor as on the date of the alleged incident, and therefore the alleged offences get attracted against the petitioner. In the event, he is enlarged on bail, he may tamper with the material - 4 - HC-KAR NC: 2025:KHC-D:9968 CRL.P No. 102232 of 2025 prosecution witnesses. Accordingly, they pray to dismiss the petition. 6. FIR in the present case was registered based on the first information received from respondent No.2, who is the father of the victim girl. In the first information, dated 17.02.2025, it is stated that, the victim girl was found missing from their house on 15.02.2025 and the efforts made to trace her had failed. Since the first informant suspected the hand of the petitioner, FIR was registered against the petitioner. During the course of the investigation, the petitioner and the victim girl were traced together on 04.03.2025 in a Estate at Chikkamagaluru and they were brought back to their village. Investigation of the case is completed and charge sheet has been filed. 7. The statement of victim girl under Section 183 of the BNSS, 2023 was recorded in the present case by the jurisdictional Magistrate on 08.03.2025. The victim girl has stated that she was in love with the petitioner for the last - 5 - HC-KAR NC: 2025:KHC-D:9968 CRL.P No. 102232 of 2025 one year and on 15.02.2025 she had eloped with him and they had together gone to the Coffee Estate and stayed in a room. She has stated that while she stayed with the petitioner in the said room, he had sexual intercourse with her against her wishes. She has also stated that on 04.03.2025, the Police came to the Coffee Estate and brought them back to their village on 05.03.2025. She has further stated that even before she eloped with the petitioner, he earlier had sexual intercourse with her in his house. 8. The petitioner aged about 23 years has no criminal antecedent. He is in custody. Investigation of the case is completed and charge has been filed and the trial in the case is yet to commence. Continued detention of the petitioner, who is a youngster, amongst hardcore criminal is likely to have a adverse impact on him. The victim girl, who alleges that the petitioner had sexual intercourse with her in his house about 5 to 6 months prior to registration of the - 6 - HC-KAR NC: 2025:KHC-D:9968 CRL.P No. 102232 of 2025 FIR, has voluntarily gone with him and had stayed with him for nearly about 20 days in a room. 9. Considering the aforesaid aspects of the matter and also the age of the petitioner and the victim girl, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.553/2025 pending before the Court of Additional District and Sessions Judge, FTSC-1, Ballari, arising out of Crime No.21 of 2025 registered Hirehadagali Police Station, Hadagali Circle, Vijayanagara, for offences punishable under Sections 137(2) and 64(2)(m) of BNS, 2023 and Sections 4 and 6 of the POCSO Act, subject to the following conditions: (i) The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- - 7 - HC-KAR NC: 2025:KHC-D:9968 CRL.P No. 102232 of 2025 with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) 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; (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences in future. (v) 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 VNP / CT: ANB List No.: 1 Sl No.: 18