- 1 - HC-KAR NC: 2025:KHC-D:10762 CRL.P No. 102723 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102723 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: N. SURESH S/O. ALISA, AGE. 23 YEARS, OCC. LABOUR, R/O. HANAMANAHALLI VILLAGE, TQ.HOSAPETE , DIST. VIJAYANAGA-583 201. … PETITIONER (BY SRI. A. VEERANNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH MM HALLI POLICE STATION, H.B. HALLI CIRCLE, VIJAYANAGAR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTE, HIGH COURT OF KARNATAKA, DHARWAD-580 011. 2. B. YALLAPPA S/O. B. ANJINAPPA, AGE. 41 YEARS, OCC. LABOUR, R/O. HANAMANAHALLI VILLAGE, TQ. HOSAPETE, DIST. VIJAYANAGARA-583 201. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. Y. KOTRESHA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER BAIL IN SPL. CASE NO.50/2025 (MM HALLI PS CRI. NO.165/2024) REGISTERED FOR THE OFFENCES UNDER SECTIONS 137(2), 64(2)(I) OF BNS AND UNDER SECTIONS 4(1) AND 6 OF POCSO ACT, PENDING ON THE FILE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTFC-I, BALLARI, IN THE INTEREST O JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10762 CRL.P No. 102723 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 in Special Case No.50 of 2025 pending before the Court of Additional District and Session Judge, FTSC-1, Ballari arising out of Crime No.165 of 2024 registered by Mariyammanahalli Police Station, Vijayanagara District, for offences punishable under Section 137(2), 64(2)(i) of the BNS 2023 and Sections 4(1) and 6 of POCSO Act, is before this Court under Section 483 of the BNSS, 2023 is seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.165 of 2024 was registered by Mariyammanahalli Police Station, Vijayanagara District initially for offence punishable under Section 137(2) of BNS, 2023 against unknown person, based on the first information dated 24.11.2024 received from respondent no.2, who is the father of the victim girl aged 16 years 8 - 3 - HC-KAR NC: 2025:KHC-D:10762 CRL.P No. 102723 of 2025 months. During the course of investigation, the petitioner and the victim girl were traced together. Petitioner was arrested on 26.11.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court was rejected. Therefore, he is before this Court. 4. Perusal of the material on the record would go to show that victim girl was found missing from her house on 23.11.2024. Efforts made to trace her had failed and therefore, father of the victim girl approached the police on the next day. Based on his first information, FIR was initially registered against unknown person for offence punishable under Section 137(2) of BNS 2023. During the course of investigation, the victim and the petitioner were traced together in a house at Kudligi and thereafter they were brought back. Petitioner was arrested on 26.11.2024 and subsequently remanded to judicial custody. Statement of the victim girl under Section 183 of BNSS 2023 was - 4 - HC-KAR NC: 2025:KHC-D:10762 CRL.P No. 102723 of 2025 recorded on 27.11.2024. Victim girl has stated that she and the petitioner are in love for the last 5 years and after her parents came to know about the same, they had scolded her. On 23.11.2024 she had left her house and had gone with the petitioner and they together travelled from the bus stand of Hanumanahalli Village to Kudligi and from Kudligi they travelled in a auto rickshaw to Choronoru Village and stayed in the house of petitioner’s cousin sister for 2 days. When they were staying in the said house, police came there and brought them back. She has not made any allegation against the petitioner about he committing any kind of sexual assault on her when she was staying with him after 23.11.2024 or any time earlier. Petitioner aged about 23 years, having no criminal antecedent, is in custody from 26.11.2024. After completing investigation, charge sheet is already filed. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC-D:10762 CRL.P No. 102723 of 2025 ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Special Case No.50 of 2025 pending before the Court of Additional District and Session Judge, FTSC-1, Ballari arising out of Crime No.165 of 2024 registered by Mariyammanahalli Police Station, Vijayanagara District, for offences punishable under Section 137(2), 64(2)(i) of the BNS 2023 and Sections 4(1) and 6 of POCSO Act, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. 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; - 6 - HC-KAR NC: 2025:KHC-D:10762 CRL.P No. 102723 of 2025 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future; 5. 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 NMS, KGK CT:BCK /LIST NO.: 1 SL NO.: 14