- 1 - HC-KAR NC: 2025:KHC-D:13036 CRL.P No. 103718 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103718 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: NAGARAJA S/O GALEPPA, AGE. 30 YEARS, OCC. BUSINESSMAN, R/O. NEAR SUBHASH NAGAR, SANDUR TOWN, DIST. BALLARI-583 112. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH SANDUR P.S.), BALLARI, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580 001. 2. K. SHANMUKH KUMAR S/O SHANKRAPPA, AGE. 46 YEARS, OCC. BUSINESSMAN, R/O. 2ND WARD ADAVISWAMY MASIDI, SANDUR TOWN, DIST. BALLARI-583 112. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-HELD SUFFICIENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL. CASE NO.1062/2025 IN CONNECTION WITH (CRIME NO.68/2025 REGISTERED IN SANDUR PS) PUNISHABLE UNDER SECTIONS 137(1), (B), AND 64(2), (M) OF BNS AND 4, 5(L) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENSES ACT 2012 PENDING TRIAL OF THE CASE, BEFORE THE ADDL. DIST AND SESSIONS JUDGE F.T.S.C. I BALLARI, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13036 CRL.P No. 103718 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Special Case No.1062/2025 pending before the Court of Additional District and Sessions Judge, FTSC- I, Ballari, arising out of Crime No.68/2025 registered by Sandur Police Station, Ballari, for offences punishable under Sections 137(1)(b) and 64(2)(m) of BNS, 2023 and Sections 4, 5(L) and 6 of POCSO Act, 2012, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.68/2025 was registered by Sandur Police Statin, Ballari, initially for the offence punishable under Section 137(1)(b) of BNS, 2023, against the petitioner herein based on the first information dated 23.06.2025 received from respondent No.2, who is the father of victim girl, who was aged about 17 years 1 month as on the date of registration of the FIR. During - 3 - HC-KAR NC: 2025:KHC-D:13036 CRL.P No. 103718 of 2025 the course of investigation, petitioner and the victim girl were traced together at Bengaluru in the house of accused No.2. Thereafter, they were brought back to their village and the petitioner was arrested on 30.06.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the Trial Court was rejected. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that victim girl aged 17 years 1 month, who is the daughter of first informant was found missing from their house on 17.06.2025. Efforts made to trace her had failed and therefore, on 23.06.2025, first informant had approached the police. Since he suspected the hand of the petitioner, FIR was registered against the petitioner initially for the offence punishable under Section 137(1)(b) of BNS, 2023. During the course of investigation, petitioner and the victim girl were traced together in the house of the accused No.2 at Bengaluru and were brought back to their - 4 - HC-KAR NC: 2025:KHC-D:13036 CRL.P No. 103718 of 2025 village. Petitioner was arrested on 30.06.2025 and remanded to judicial custody. 5. The statement of the victim girl under Section 183 of BNS, 2023, was recorded by the jurisdictional Magistrate on 10.07.2025. In the said statement, victim girl has stated that she and the petitioner are in love. On 17.06.2025, she along with the petitioner travelled from Sanduru bus stand to Koodligi and thereafter, they had gone to Benglauru in a bus. In Bengaluru, they stayed in the house of accused No.2, who is the friend of the petitioner. In the said house, they had sexual intercourse and when they were staying in the house, police came to the said house on 28.06.2025 and brought them back to their village. 6. From a reading of the statement of the victim girl, prima facie, it appears that she and the petitioner are in love and they together had gone to Bengaluru and had stayed in the house of accused No.2 for a period of about 11 days. Petitioner, who has no other criminal antecedents is in custody from 30.06.2025. Investigation in the case is completed. The trial in the case is yet to commence. Considering the aforesaid aspects of the matter, I - 5 - HC-KAR NC: 2025:KHC-D:13036 CRL.P No. 103718 of 2025 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:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.1062/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Ballari, arising out of Crime No.68/2025 registered by Sandur Police Station, Ballari, for offences punishable under Sections 137(1)(b) and 64(2)(m) of BNS, 2023 and Sections 4, 5(L) and 6 of POCSO Act, 2012, subject to the following conditions: a) 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; - 6 - HC-KAR NC: 2025:KHC-D:13036 CRL.P No. 103718 of 2025 d) The petitioner shall not involve in similar offences in future; Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK LIST NO.: 1 SL NO.: 33