- 1 - NC: 2025:KHC-D:6256 CRL.P No. 101144 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101144 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHIVANAND S/O. VITAL MADAR, AGED ABOUT 23 YEARS, OCC. COOLIE, R/O. BADAGI BUDIHAL VILLAGE, TQ. BILAGI, DIST. BAGALKOTEe-587116, NOW AT: VAJAPAYEE NAGAR, MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE 587313 …PETITIONER (BY SRI PRAKASH BADIGER, ADVOCATE) AND: 1. STATE OF KARNATAKA BY P.S.I. SAVANUR POLICE STATION, SAVANUR, DIST. HAVERI-581118, R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. 2. SHRI PRAKASH S/O. GUDDAPPA HARIJAN, AGE: 45 YEARS, OCC. DRIVER, R/O. NADINIRALAGI VILLAGE, TQ. SAVANUR VILLAGE, DIST. HAVERI-581118. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI MAQBOOLAHAMED PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, SEEKING TO ALLOW THE PETITION AND GRANT THE REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN SAVANUR P.S. CRIME NO.225/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 64(2)(m) AND 108 OF BHARATIYA NAGARIK SANHITE 2023 AND R/W. SECTIONS 6, 8, AND 12 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT 2012 AND SECTION 66(E) OF INFORMATION TECHNOLOGY ACT, PENDING ON THE FILE OF DISTRICT AND SESSIONS JUDGE FTSC-I, HAVERI. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 14:44:09 +0530 - 2 - NC: 2025:KHC-D:6256 CRL.P No. 101144 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 Prakash Badiger, learned counsel for petitioner, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent No.1 and Sri Maqboolahamed Patil, learned counsel for respondent No.2. 2. Petitioner is the accused No.1 who has been chargesheeted by Savanur Police Station for the offences punishable under Sections 12, 8 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’, for short) Section 66(E) of Information Technology Act, 2008 and Sections 108, 64(2)(m) of Bharatiya Nyaya Sanhita, 2023. 3. Facts in the nutshell for the disposal of the petition are as under: - 3 - NC: 2025:KHC-D:6256 CRL.P No. 101144 of 2025 Upon noticing a dead body of a female in Varada river, police initially filed a case in UDR No.29/2024. After the identification of the dead body, further investigation took place inter alia accused No.1 was arrested. 3.1 The voluntary statement given by the accused and other materials that have been collected by the Investigation Agency disclose that accused No.1 being the resident of Badagi Budihal village Bilagi Taluk Bagalkote District, had acquainted himself with the deceased through social media ‘Instagram’. 3.2 Deceased had taken shelter in Ambedkar Post Metric Girls Hostel at Hubballi. Pursuant to the acquaintance, accused No.1 visited Hubballi and developed intimacy. 3.3 When the matter stood thus, on 13.10.2024, deceased gave a leave letter to the warden of the said hostel that she would be visiting her native in the wake of Deepavali festival and left the hostel. Accused No.1 cajoled - 4 - NC: 2025:KHC-D:6256 CRL.P No. 101144 of 2025 her and took her to his Ashraya house bearing No.140 situated at Vajpayee Nagar, Mudhal and had 2 to 3 times forcible sexual intercourse knowing fully well that the victim girl is under the age of 18 years and also got recorded the act of physical intimacy and forcible sexual intercourse in his mobile telephone, whereby the victim girl got frustrated in her life and fell into the Varada river and got ended her life. 3.4 After thorough investigation, charge sheet came to be filed. Petitioner sought for grant of bail which has been turned down by the learned Special Judge at Haveri. Thereafter petitioner is before this Court. 4. Sri Prakash Badiger, learned counsel for the petitioner vehemently contented that the petitioner in fact tried to rescue the victim girl from the clutches of accused No.2, but he has been falsely implicated in the case. Therefore, he may be enlarged on bail taking note of the fact that the charge sheet is filed. - 5 - NC: 2025:KHC-D:6256 CRL.P No. 101144 of 2025 5. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent No.1 and Sri Maqboolahamed Patil, learned counsel for respondent No.2 opposes the bail grounds. 6. Having heard the arguments of both sides, this Court perused the material on record meticulously especially the charge sheet materials wherein the mobile telephone belonging to the accused No.1 and accused No.2 have been seized by the police and clippings therein have been placed on record. Call records and other Instagram account details also secured by the police before filing charge sheet. 7. Prima facie materials collected by the Investigation Agency would show that accused No.1 having physical relationship with deceased is found in the video clippings. Whether at all because of the recording made by present accused or not resulting in committing suicide by the deceased is a matter which needs to be - 6 - NC: 2025:KHC-D:6256 CRL.P No. 101144 of 2025 decided during the trial after prosecution places necessary evidence on record. 8. It is settled principles of law that requires no emphasize that at the time of deciding the bail petition, this Court is not required to hold a mini trial to find out the merits and demerits of the case. 9. Thus, desisting from holding the mini trial, when the material and record is analyzed for the limited purpose of deciding the bail request, this Court is satisfied that prima facie materials are available on record, especially the video clippings, which would definitely disentitle the petitioner from obtaining an order of grant of bail by resorting the special powers vested in this Court under Section 439 of Cr.P.C. or under Section 483 of Bharatiya Nyaya Suraksha Sanhita, 2023. 10. Further, it is always open for the petitioner to renew his request for grant of bail if there is a positive changed circumstance by filing a successive bail - 7 - NC: 2025:KHC-D:6256 CRL.P No. 101144 of 2025 application. Reserving such right to the petitioner, following order is passed. ORDER Bail petition is rejected. Sd/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 1 SL NO.: 6