- 1 - NC: 2025:KHC-D:4257 CRL.P No. 100760 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100760 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. ASHIF S/O. BABUSAB MULLANAVAR, AGE: 34 YEARS, OCC. COOLIE, R/O. BASAPUR, TQ. ANNIGERI, DIST. DHARWAD, PIN CODE-582201. 2. MAKTUMHUSEN S/O. BAVASAB HONGAL, AGE: 32 YEARS, OCC. DRIVER, R/O. KONNUR, TQ. ANNIGERI, DIST. DHARWAD, PIN CODE-582201. …PETITIONERS (BY SRI AVINASH M. ANGADI, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH NARAGUND P.S., NARAGUND, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. BHARATI W/O. IRANNA REVADI, AGE: 37 YEARS, OCC. METAYI SHOP, R/O. OLD JANATHA PLOT, KONNOOR, TQ. NARGUND, DIST. GADAG, PIN CODE-582207. …RESPONDENTS (BY SMT.GIRIJA S. HIREMATH, HCGP FOR R1; R2-NOTICE SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 (UNDER SECTION 439 OF CR.P.C.) SEEKING TO ALLOW THIS PETITION AND ENLARGE THE ACCUSED NO.5 AND 7/ PETITIONERS ON REGULAR BAIL CRIME NO.197/2024 BY NARGUND P.S., NARGUND OFFENCES P/UNDER SECTIONS 137(2), 64(2) (M), 49, R/W. 3(5) OF BNS, 2023 AND SECTIONS 4, 6, 17(1), POCSO ACT, 2012, ON THE FILE OF ADDL, DISTRICT AND SESSION JUDGE, GADAG. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4257 CRL.P No. 100760 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Avinash M. Angadi for the petitioners and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) with the following prayer: “To allow this petition and enlarge the accused No.5 and 7/petitioners on regular bail Crime No.197/2024 by Nargund P.S., Nargund offences p/under Sections 137(2), 64(2) (M), 49, r/w. 3(5) of BNS, 2023 and Sections 4, 6, 17(1), POCSO Act, 2012, on the file of Addl. District and Session Judge, Gadag.” 3. Petitioners are accused Nos.5 and 7 in respect of Crime No.197/2024 for the offence punishable under Section 137(2) of Bharatiya Nyaya Sanhita, 2023. - 3 - NC: 2025:KHC-D:4257 CRL.P No. 100760 of 2025 4. Facts in the nutshell for the disposal of the petition are as under: Mother of the victim girl lodged a complaint with Naragund Police Station contending that her minor daughter was found missing from the house and she also came to know that a sum of Rs.2,00,000/- and 6 tola gold is missing. 5. Based on the complaint, police registered the case in Crime No.197/2024 as aforesaid and investigated the matter. During the course of the investigation, victim girl and first accused were traced in Bengaluru and victim girl was rescued and brought to the police station. Thereafter her statement came to be recorded before the Investigation Officer and also before the learned Trial Magistrate under Section 164 of Cr.P.C./183 of Bharatiya Nagarik Suraksha Sanhita, 2023. 6. Investigation is in progress and charge sheet is yet to be filed. In the meantime, based on the statements given by the victim girl, present petitioners have also been - 4 - NC: 2025:KHC-D:4257 CRL.P No. 100760 of 2025 arraigned as additional accused and they have been arrested on 30.12.2024. 7. Petitioners were produced before the Special Court and they were remanded to the judicial custody. An attempt made by them to obtain an order of bail is turned down by the learned Spl. Judge. Thereafter, the petitioners are before this Court. 8. Sri Avinash M. Angadi, learned counsel for petitioners contended that allegations against the present petitioners even according to the case of prosecution is only assisting the crime said to have been committed by the first accused in giving the first accused and victim girl shelter at Naragund. Therefore, their presence in the custody is no longer warranted and sought for grant of bail. 9. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader opposes the bail grounds by contending that but for the active assistance given by the present petitioners, the first accused and victim girl - 5 - NC: 2025:KHC-D:4257 CRL.P No. 100760 of 2025 could not have eloped from Naragund and so long they were in Naragund, it is these petitioners who have assisted the first accused and victim girl for their illegal acts and thus sought for dismissal of the petition. 10. Having heard the parties in detail, this Court perused the material on record meticulously. 11. On such perusal of the material on record, it is crystal clear that even according to the case of the prosecution, the role of the petitioners is only affording shelter to the first accused and victim girl so long as they stayed in Naragund. 12. Therefore, their role could only be restricted in abetting crime said to have committed by the first accused in the incident. 13. Continuation of the present petitioners in judicial custody is thus no longer warranted as the charge sheet is about to be filed by the investigating agency. - 6 - NC: 2025:KHC-D:4257 CRL.P No. 100760 of 2025 14. Taking note of this aspect of the matter, this Court is of the considered opinion that petitioners can be enlarged on bail. Other apprehension of the prosecution can be met with by imposing suitable and stringent conditions. 15. Accordingly, the following: ORDER (i) The criminal petition is allowed. (ii) The Petitioners shall be enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- [Rupees one lakh only] with one surety for the likesum to the satisfaction of the Trial Court. (iii) Petitioners shall cooperate with the investigation agency. (iv) Petitioners shall mark their attendance before the Investigation Officer on every Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. (v) Petitioners shall attend the Court regularly. - 7 - NC: 2025:KHC-D:4257 CRL.P No. 100760 of 2025 (vi) Petitioners shall not directly or indirectly tamper the prosecution witnesses in any manner. (vii) Petitioners shall not leave the jurisdiction of Gadag District without prior permission. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 42