- 1 - HC-KAR NC: 2025:KHC-D:12675 CRL.A No. 100517 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100517 OF 2025 (U/S 14 A(2) OF SC AND ST ACT) BETWEEN: SMT. LAKKAVVA W/O NAGAPPA BETAGERI, AGE. 46 YEARS, OCC. COOLIE, R/O. BYAGVADI-581 148, TQ. HANAGAL, DIST. HAVERI. … APPELLANT (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH ADUR POLICE STATION, HAVERI. 2. RAGHAVENDRA S/O BASAVARAJ SHIRUR, AGE. 33 YEARS, OCC. PROJECT DIRECTOR, DISTRICT CHILD LABOUR PROJECT SOCIETY (R), LABOUR DEPARTMENT, HAVERI-581 110, R/O. YALAVIGI-581 118, TQ. SAVANUR, DIST. HAVERI. 3. SUCHITRA D/O MANJUNATH, AGE 13 YEARS, OCC: STUDENT RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12675 CRL.A No. 100517 of 2025 R/O. DAVANAGERE-577 001, NOW R/AT: NAVANAGAR, HUBBALLI-580 025, TQ. HUBBALLI, DIST. DHARWAD. SINCE MINOR REP. BY HER NATURAL MOTHER AND GUARDIAN SMT. MEENAKSHI W/O MANJUNATH, AGE. MAJOR, OCC. COOLIE, R/O. DAVANAGERE-577 001, NOW R/AT: ROYAL FAMILY RESTAURANT, NAVANAGAR, HUBBALLI-580 025, TQ. HUBBALLI, DIST. DHARWAD. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-HELD SUFFICEINT; SRI. TEJPAL A. KAMAL, ADVOCATE FOR R3) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED 28.07.2025 PASSED ON APPLICATION SEEKING BAIL UNDER SECTION 483 OF BNSS, 2023, IN RESPECT OF ADUR PS CRIME NO.116/2025 ON THE I ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, AT HAVERI, AND ENLARGE THE APPELLANT/ACCUSED ON BAIL IN ADUR PS CRIME NO.116/2025 PENDING BEFORE I ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE AT: HAVERI UNDER THE PROVISIONS OF SECTIONS 137(2), 140(3), 87 AND 142 OF BNS 2023, SECTION 3 OF CHILD LABOUR (PROHIBITION AND REGULATION ACT, SECTION 75 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015 AND SECTION 3(2)(VA) OF SC AND ST (PREVENTION OF ATROCITIES) AMENDED ACT 2015. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12675 CRL.A No. 100517 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Crime No.116/2025 registered by Adur Police Station, Haveri for the offences punishable under Sections 137(2), 140(3), 87 and 142 of BNS, 2023, Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986, Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3(2)(va) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015, is before this Court in this appeal filed under Section 14A(2) of the SC & ST (POA) Act, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.116/2025 was registered by Adur Police Station, Haveri, for the aforesaid offences against appellant herein based on the first information dated 02.07.2025 received from respondent No.2, who is working as Project Director at District Child Labour Project Society, Haveri. During the course of investigation of the case, appellant herein was arrested on 03.07.2025 and subsequently, remanded to judicial custody. Her - 4 - HC-KAR NC: 2025:KHC-D:12675 CRL.A No. 100517 of 2025 bail application filed before the Trial Court in Crime No.116/2025 was rejected on 28.07.2025. Therefore, she is before this Court. 4. Perusal of the material on the record would go to show that since there was a quarrel between the parents of the victim girl, who is aged about 13 years, mother of the victim girl had separated from her husband and was working in Siddarooda Mutt at Hubballi. Appellant got acquainted to the mother of the victim girl at Siddharooda Math. Subsequently, appellant went to the said mutt and brought the victim girl along with her with a promise to send her to school and also take care of her. However, after the appellant brought the victim girl to her house, she allegedly did not admit her to any school and on the other hand, she made her to work in her house and also was abusing and assaulting her. She also criminally intimidated her. First informant after receiving credible information about the same had held an enquiry and thereafter, FIR was registered against the appellant for the alleged offences. 5. The appellant is a married lady aged about 46 years. Undisputedly, she has no criminal antecedents. Investigation of the case is completed and charge sheet has been filed. The - 5 - HC-KAR NC: 2025:KHC-D:12675 CRL.A No. 100517 of 2025 maximum punishment for the alleged offences is imprisonment for a period of seven years. Considering the aforesaid aspects of the matter and also having regard to the proviso to Section 480 of BNS 2023, I am of the opinion that the prayer made by the appellant for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 6. The Criminal Appeal is allowed. The order dated 28.07.2025 passed by the I Addl. District and Sessions Judge and Special Judge, Haveri in Crime No.116/2025 is set-aside and the appellant is directed to be enlarged on bail in Crime No.116/2025 registered by Adur Police Station, Haveri for the offences punishable under Sections 137(2), 140(3), 87 and 142 of BNS, 2023, Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986, Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3(2)(va) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015, subject to the following conditions: a) Appellant shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 6 - HC-KAR NC: 2025:KHC-D:12675 CRL.A No. 100517 of 2025 likesum, to the satisfaction of the jurisdictional Court; b) The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons; c) The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The appellant shall not involve in similar offences in future; e) The appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK LIST NO.: 1 SL NO.: 20