- 1 - HC-KAR NC: 2025:KHC-D:11390 CRL.P No. 103225 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103225 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MABU @ MABU S/O MOHAMMED RAFIQ, AGE. 24 YEARS, OCC. NIL, 5TH WARD, NEAR SAIBABA TEMPLE, GIDADAPPA ONI AREA, HOSAPETE, DIST. VIJAYANAGAR-583 203. … PETITIONER (BY SRI. SRINIVAS NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH HOSAPETE TOWN POLICE STATION, DIST. VIJAYANAGAR-580 011. 2. SYED SARFARAJ, AGED 44 YEARS, R/O. 5TH WARD, CHAPALAGADDA, NEAR RAILWAY STATION, HOSAPETE, DIST. VIJAYANAGAR-583 203. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 BY GRANTING REGULAR BAIL IN SPL. CASE NO.669/2025 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BALLARI (CRIME NO.33/2025 OF HOSPETE TOWN POLICE STATION) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(I)(M), 49 R/W SECTION 3(5) OF BNS, 2023 AND UNDER SECTIONS 4 AND 6 OF POCSO ACT 2012 AND UNDER SECTIONS 9 AND 10 OF PREVENTION OF CHILD MARRIAGE ACT, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11390 CRL.P No. 103225 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) Accused No.1 in Special Case No.669/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Ballari arising out of Crime No.33/2025 registered by Hosapete Town Police Station, Vijayanagara District for offences punishable under Sections 137(2), 64(2)(i)(m), 49 read with Section 3(5) of BNS, 2023, Sections 4 and 6 of POCSO Act and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, 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.33/2025 was registered by Hosapete Town Police Station, Vijayanagara District initially for offence punishable under Section 137(2) of BNS, 2023 against the petitioner herein based on the first information dated 21.03.2025 received from respondent No.2, who is the father of the victim - 3 - HC-KAR NC: 2025:KHC-D:11390 CRL.P No. 103225 of 2025 girl, who was aged about 17 years 11 months as on the date of registration of FIR. During the course of investigation, petitioner and the victim girl were traced together. Petitioner was arrested on 25.03.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against ten persons and petitioner has been arrayed as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court was rejected. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that on 19.03.2025 first informant had seen his daughter aged 17 years 11 months travelling along with the petitioner in his motorbike. Thereafter, she had not returned home. Efforts made by the first informant to trace her had failed and therefore, on 21.03.2025 he had approached the Police. During the course of investigation, petitioner and victim girl were traced together near Siruguppa bus stand on 21.03.2025 and they were brought back to their village. Subsequently petitioner was arrested on 25.03.2025 and was remanded to judicial custody. During the course of investigation, statement of the victim girl was recorded - 4 - HC-KAR NC: 2025:KHC-D:11390 CRL.P No. 103225 of 2025 by the Jurisdictional Magistrate under Section 183 of BNSS, 2023. In the said statement, she has stated that she is acquainted with the petitioner for the last about four years and on 19.03.2025 at about 04.00 p.m., he had asked the petitioner to come along with him in his bike. He also had informed her that he was in love with her. While the victim girl was boarding the petitioner's bike, her father saw them. Petitioner, who took her along with him went to Siruguppa and thereafter, they stayed in the house of petitioner’s brother. On the next day, her marriage with the petitioner was performed by his relatives and thereafter, petitioner had sexual intercourse with her against her wishes. Subsequently, on 23.03.2025 when they had gone near Siruguppa bus stand to bring the motorbike of the petitioner, the Police who came there brought them back to their village. 5. From a reading of the aforesaid statement, it appears that the petitioner and the victim girl were in love. In the first information, as well as in the statement of the victim girl, it is specifically averred that on 19.03.2025, her father had seen her along with the petitioner travelling in his motorbike. In spite of the same, no complaint was lodged immediately thereafter - 5 - HC-KAR NC: 2025:KHC-D:11390 CRL.P No. 103225 of 2025 before the jurisdictional Police. Petitioner aged 24 years, having no criminal antecedent is in custody from 25.03.2025 onwards. Investigation of the case is already completed and charge sheet has been filed. 6. Considering the nature of allegations found against the petitioner and also having regard to the age of the petitioner and the victim girl, I am of the opinion, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in Special Case No.669/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Ballari arising out of Crime No.33/2025 registered by Hosapete Town Police Station, Vijayanagara District for offences punishable under Sections 137(2), 64(2)(i)(m), 49 read with Section 3(5) of BNS, 2023, Sections 4 and 6 of POCSO Act and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC-D:11390 CRL.P No. 103225 of 2025 i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- 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 RSH CT:BCK LIST NO.: 1 SL NO.: 18