- 1 - HC-KAR NC: 2025:KHC-D:14110 CRL.P No. 103659 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103659 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SURESH S/O. PAMPANNA KOLURU, AGE. 22 YEARS, OCC. PRIVATE, R/O. KUNATANAHAL VILLAGE, TQ. AND DIST. BALLARY-583 101. …PETITIONER (BY SRI VADIRAJ P. VADAVI, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA, THROUGH P.D. HALLI PS, DIST. BALLARY, REPRESENTED BY HCGP, HIGH COURT OF DHARWAD-01. 2. LOKESH S/O. YARISWAMY, AGE. 40 YRS, OCC. FARMER, R/O. 1ST WARD NO.1, ASUNDI VILLAGE, TQ. AND DIST. BALLARY-583 101. …RESPONDENTS (BY SRI PRAVEEN Y.DEVAREDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN SPL.C.NO.692/2025 (P.D HALLI P.S. CRIME Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14110 CRL.P No. 103659 of 2025 NO.47/2025) AS AGAINST THE PETITIONER/ACCUSED NO.1 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 87, 64(2)(M) OF BHARATIYA NYAYA SANHITA, 2023 AND UNDER SECTIONS 4, 5(L) AND 6 OF THE POCSO ACT, PENDING ON THE FILE OF THE COURT OF ADDL. DISTRICT AND SESSIONS JUDGE F.T.S.C-I, BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner who is the sole accused is before this Court seeking for bail in Crime No.47/2025, for the offences punishable under Section 137(2) 87, 64(2)(m) of Bharatiya Nyaya Sanhita, 2023 and section 4, 5(L) and 6 of the POCSO Act. 2. The case of the prosecution is that the complainant being the father of the victim lodged a complaint stating that, on 14.04.2025 his daughter found missing from his house. Further, he learnt that the accused was also found missing from the date when the victim found missing in the said village. Suspecting the involvement of the accused, he lodged a complaint. Based on the - 3 - HC-KAR NC: 2025:KHC-D:14110 CRL.P No. 103659 of 2025 complaint, the respondent police have registered a case in Crime No.47/2025 for the offence stated supra and conducted investigation. During investigation, the facts of the case has been unfolded in such a way that, the victim studied upto 10th Standard and discontinued her studies and she was going for coolie work. When she was going for coolie work at Tirumala Camp, she got acquainted with the petitioner. Both were loving each other since one year. 3. The petitioner insisted her that she should come along with him, otherwise, he would commit suicide. Believing his words and afraid of the said information, she went to the bus stop and met the appellant. From the said bus stop, both went to Vasaramma Temple situated in Munirabad and stayed there for one hour and thereafter, they went to sugarcane farm situated within 1 to 2 kilometers. It is further stated that, he had committed sexual intercourse on her. Hence, the case came to be registered against the petitioner for the offences as stated - 4 - HC-KAR NC: 2025:KHC-D:14110 CRL.P No. 103659 of 2025 supra. After conducting investigation, the charge sheet was filed. 4. Heard Sri Vadiraj P. Vadavi, learned counsel for petitioner and Sri Praveen Y. Devaraddi, learned HCPG for the respondent State. 5. The submission of the Learned counsel for the petitioner is that, though, it is stated in the complaint and statement of others that, the petitioner had committed sexual assault on minor girl, the fact remains that, in the statement recorded before the Magistrate under Section 164 of Cr.P.C., she did not speak about the alleged sexual assault committed by the accused. Considering the said statement, bail may be granted by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned HCGP has vehemently submitted that the petitioner taking advantage of the poverty of the girl induced her by saying that he would - 5 - HC-KAR NC: 2025:KHC-D:14110 CRL.P No. 103659 of 2025 marry her and kidnapped her and committed sexual assault on her. She was secured by the respondent police after registering the FIR. During investigation the statement of the victim was recorded by the respondent police which shows that the petitioner had committed sexual assault knowingly that she was minor. Therefore, it is not appropriate to grant bail. Having submitted thus, prayed to reject the bail. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, though, it appears from the record that, the petitioner herein had committed sexual assault on the victim, the fact remains that, learned counsel for the petitioner made available the certified copy of statement recorded under Section 164 of Cr.P.C. On perusal of the said statement, it appears that, the victim girl did not disclose anything about the petitioner that he had committed sexual assault. Having considered the statement, I am of the considered opinion that, it is - 6 - HC-KAR NC: 2025:KHC-D:14110 CRL.P No. 103659 of 2025 appropriate to grant him bail by imposing suitable conditions. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner who is the sole accused is ordered to be enlarged on bail in Crime No.47/2025, of respondent police, on executing his personal bond for a sum of ₹1,00,000/- (One Lakh Rupees), with one surety, to the satisfaction of the Trial Court. iii) The petitioner shall appear before the Court on all hearing dates without fail. iv) The petitioner shall not threaten the prosecution witnesses. v) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission. - 7 - HC-KAR NC: 2025:KHC-D:14110 CRL.P No. 103659 of 2025 vi) The petitioner shall not commit similar or any other criminal offences till disposal of the case. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 23