- 1 - HC-KAR NC: 2025:KHC-D:10700 CRL.P No. 102839 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102839 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: ANJI @ ANJINI S/O. BUDDAYYA, AGE. 23 YEARS, OCC. DRIVER, R/O. 23RD WARD, NEAR DARGA KARIGANUR, TQ. HOSAPETE, DIST. BALLARI-583 201. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH HOSAPETE RURAL POLICE STATION), R/BY STATE PUBLIC PROSECUTOR, DHARWAD-580 001. 2. KP RAMU S/O. LATE YERRI SWAMI, AGE. 48 YEARS, OCC. DRIVER, R/O. OPP. BANASHANKARI TEMPLE, SHANKAR CAMP, TQ. HOSAPETE, DIST. BALLARI-583 201. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION483 OF BNSS), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE ON REGULAR BAIL IN SPL. CASE NO.548/2025 IN CONNECTION WITH CRIME NO.27/2025 REGISTERED IN HOSAPETE RURAL POLICE STATION FOR THE OFFENCES UNDER SECTIONS 137(2), 64(2) (I), 64(2)(M) OF BNS AND SECTION 17, 4(2), 6 OF POCSO ACT, PENDING TRIAL OF THE CASE BEFORE ADDL. DISTRICT AND SESSION 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:10700 CRL.P No. 102839 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.548 of 2025 pending before the Court of Principal District and Sessions Judge and Special Judge, Ballari arising out of Crime No.27 of 2025 registered by Hosapete Rural Police Station, Vijayanagara for offences punishable under Sections 137(2), 64(2)(i), 64(2)(m) and 49 of BNS 2023 and Sections 4(2), 6 and 17 of Protection of Children from Sexual Offences Act, is before this Court under Section 483 of the BNSS 2023 seeking regular bail. 2. Heard 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 the Court. 3. FIR in the present case was registered by Hosapete Rural Police Station, Vijayanagara District initially for offence punishable under Section 137(2) of - 3 - HC-KAR NC: 2025:KHC-D:10700 CRL.P No. 102839 of 2025 BNS 2023 against the petitioner herein based on the first information dated 12.02.2025 submitted by respondent No.2 who is the father of the victim girl aged 16 years. During the course of investigation, petitioner and the victim were allegedly traced together in a village in Andra Pradesh State and brought back. Petitioner was arrested on 13.02.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the trial Court was rejected and therefore he is before this Court. 4. Perusal of the material on record would go to show that the victim girl was found missing from her house on 11.02.2025 and efforts made to trace her had failed and therefore her mother had approached the police on 12.02.2025. Since she suspected the hand of the petitioner, FIR was registered against the petitioner initially for offence punishable under Section 137(2) of - 4 - HC-KAR NC: 2025:KHC-D:10700 CRL.P No. 102839 of 2025 BNS 2023. During the course of investigation, the petitioner and the victim were traced together in the house of the grandmother of the petitioner in a village in Andra Pradesh State. The petitioner was arrested on 13.02.2025 and subsequently remanded to judicial custody. 5. Statement of the victim girl under Section 183 of BNSS 2023 was recorded by the Jurisdictional Magistrate in the present case on 15.02.2025. She has stated that she got acquainted with the petitioner through instagram application and the petitioner had proposed to marry her. She had refused for the same. On 08.02.2025, petitioner came near her school and gave her his mobile number and thereafter the petitioner and the victim girl went to Anjanadri hills. Subsequently they had returned home. On 11.02.2025, petitioner had called the victim girl and thereafter she had gone with him. She has stated that accused Nos.1 and 2 were together and they did some black magic on her and thereafter took her in a motorbike - 5 - HC-KAR NC: 2025:KHC-D:10700 CRL.P No. 102839 of 2025 and they stayed together in the house of the petitioner’s grand mother in a village in Andra Pradesh State for about two days. Police who came there, brought them back. 6. She has not made any allegation in her statement recorded under Section 183 of BNSS 2023, about any kind of sexual assault made on her by the petitioner at any point of time. Investigation of the case is completed and charge sheet has been filed. Petitioner aged 22 years having no criminal antecedent, is in custody for the last more than 6 months. Considering the aforesaid aspect of the matter, the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Special Case No.548 of 2025 pending before the Court of Principal District and Sessions Judge and Special Judge, Ballari - 6 - HC-KAR NC: 2025:KHC-D:10700 CRL.P No. 102839 of 2025 arising out of Crime No.27 of 2025 registered by Hosapete Rural Police Station, Vijayanagara for offences punishable under Sections 137(2), 64(2)(i), 64(2)(m) and 49 of BNS 2023 and Sections 4(2), 6 and 17 of Protection of Children from Sexual Offences Act, subject to the following conditions: a. 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; 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; - 7 - HC-KAR NC: 2025:KHC-D:10700 CRL.P No. 102839 of 2025 c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future; e. 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 KGK CT:BCK LIST NO.: 1 SL NO.: 15