- 1 - NC: 2025:KHC-D:3997 CRL.P No. 100132 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100132 OF 2025 [438(CR.PC)/482(BNSS)] BETWEEN: SRI SHANKARA G. S/O. LATE CHIDANANDAPPA, AGE: 24 YEARS, OCC. AGRICULTURE, R/O. BAGEWADI VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI. … PETITIONER (BY SRI CHITRA GOUNDALKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SIRUGUPPA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. 2. ALAMBASHA LATE SIDDAPPA, AGE: 40 YEARS, OCC. LABOURER, R/O. BAGEWADI VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI-583121. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, SEEKING TO GRANT THE PETITIONER/ACCUSED ON ANTICIPATORY BAIL AND DIRECT RESPONDENT POLICE TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN SPL.CASE NO.1035/2024 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BALLARI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 87, 54, 137(2), 64(2) (m) OF BNS, 2023 AND SECTIONS 4(2), 5(L), 6, 8 OF POCSO ACT 2012, ARISING OUT OF CRIME NO.205/2024 REGISTERED BY SIRUGUPPA POLICE STATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.01 10:27:33 +0530 - 2 - NC: 2025:KHC-D:3997 CRL.P No. 100132 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short), for grant of anticipatory bail in Spl.Case no.1035/2024 (Crime no.205/2024 of Siruguppa Police Station) for offences punishable under Sections 87, 54, 137 (2), 64 (2) (m) of Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short) and Sections 4 (2), 5 (l), 6 and 8 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO’ for short) by accused no.5 (petitioner). 2. Ms.Chitra Goundalkar, learned counsel for petitioner submitted petitioner was 24 years old agriculturist and permanent resident of Bagewadi village. He was law abiding citizen and not committed any offences. But, was apprehending arrest for non-bailable offences in view of Crime no.205/2024 registered by Siruguppa Police Station on 23.09.2024, arraigning him as accused no.5, in order to destroy his reputation. 3. It was submitted, even as per prosecution, Alambasha (complainant) filed complaint on 23.09.2024, stating that he had two children including victim and was - 3 - NC: 2025:KHC-D:3997 CRL.P No. 100132 of 2025 residing at Bagewadi village. While his son was going to school, after completing 8th Std., victim did not pursue further education due to health issues and stayed at home. Complainant and his wife were going for work on daily wages from 9:00 a.m. to 6:00 p.m. And as usual on 22.09.2024, complainant and his wife went to work and returned home and were asleep after dinner, when complainant’s wife woke up around 5:00 a.m. on 23.09.2024 and found victim missing. She woke up complainant and searched for victim along with his wife nearby their house and in and around village and also at Tungabhadra River. But they could not find her. Therefore, complainant suspected that she was kidnapped by accused no.1 and filed complaint. Same was registered as Crime no.205/2024 for offence under Section 137 (2) of BNS. 4. It was submitted, when victim returned on 24.09.2024, her statement was recorded under Section 161 of CrPC, wherein she stated that accused no.1 was residing near her house and they knew each other. Accused no.1 had gave his mobile number to her and asked her to call him. And when she called, he told her that he was in love with her. Though, she denied initially, due to his force, she accept his love. Thereafter, they were in regular contact. About two months - 4 - NC: 2025:KHC-D:3997 CRL.P No. 100132 of 2025 earlier, accused no.1 came to her house and told her, he belongs to same caste and would marry her and forced her to have sexual intercourse. He repeated same a week later, in during absence of her parents. On 22.09.2024, he spoke to victim on her mother’s mobile at 10:30 p.m. and asked her to come near River at 11:30 p.m. to go to Mantralaya and get married. When she arrived, accused no.3 was present. Thereafter, they towards on motorcycle belonging to accused no.2. When accused no.1 sought help from accused no.2 and 4, they asked him to come to Kottalachinta. On realizing their plans, accused no.2 took his motorcycle back. Thereafter, petitioner is alleged to have taken accused no.1 and victim on his motorcycle back to Bagewadi and dropped them near victim’s house. Based on said statement, there was expansion of crime for offences under Sections 87, 54, 137 (2), 64 (2) (m) of BNS and Sections 4 (2), 5 (l), 6 and 8 of POCSO. 5. It was submitted, except statement that petitioner had dropped victim and accused no.1 to Bagewadi, there was no other over act attributable to petitioner. It was submitted entire complaint allegations were mainly against accused no.1 to 4, but they were already enlarged on bail by District Court. - 5 - NC: 2025:KHC-D:3997 CRL.P No. 100132 of 2025 Thus, even on ground of parity, petitioner was entitled for bail. On above grounds, sought for allowing petition. 6. On other hand, Smt.Girija S. Hiremath, learned HCGP for respondent no.1 – State submitted, initially complaint was filed/registered for offence only under Section 137 (2) of BNS. Based on statement of victim recorded after tracing her, other offences were included in Crime number. Victim had supported prosecution case in her statement recorded under Section 180 of BNSS. And had specifically alleged that petitioner had taken them to Bagewadi village and thus aided in commission of offences. In case petitioner was granted bail, he was likely to tamper prosecution witnesses or flee from justice. On above grounds, sought rejection of petition. 7. Despite service of notice, respondent no.2 remained served but, unrepresented. 8. Heard learned counsel. 9. From above, point that arises for consideration is: “Whether petitioner is entitled for anticipatory bail on conditions?” - 6 - NC: 2025:KHC-D:3997 CRL.P No. 100132 of 2025 10. This petition is for anticipatory bail by accused no.5 apprehending his arrest in view of registration of Crime no.205/2024 for offences under Sections 87, 54, 137 (2), 64 (2) (m) of BNS and Sections 4 (2), 5 (L), 6 and 8 of POCSO i.e. Kidnap under Section 137 (2) punishable with imprisonment upto 7 years and kidnapping for compelling marriage under Section 87 punishable with imprisonment upto 10 years; repeated rape on same woman under Section 64 (2) (m) punishable with imprisonment upto 10 years which may extend to imprisonment for life (natural life); abetment of offence under Section 54 of BNS; penetrative sexual assault under Section 4 of POCSO punishable with imprisonment upto 7 years which may extend to imprisonment for life, aggravated penetrative sexual assault and punishment for aggravated penetrative sexual assault under Sections 5 and 6 of POCSO punishable with imprisonment upto 10 years which may extend to imprisonment for life; sexual assault under Section 8 of POCSO punishable with imprisonment upto 3 years which may extend to 5 years. Amongst above, offences of rape, sexual assault and aggravated sexual assault attract punishment in excess of 10 years up to life. Therefore, nature of offences would be heinous. - 7 - NC: 2025:KHC-D:3997 CRL.P No. 100132 of 2025 11. However, it is seen, except statement of victim that petitioner had dropped accused no.1 and victim to Bagewadi village, which would not constitute any offence. Even fact that there were no criminal antecedents also favored petitioner. And fact that all other accused are already on bail would entitle petitioner for similar treatment. Point for consideration is answered in affirmative. 12. Hence, following: ORDER Petition is allowed. Petitioner/accused no.5 shall be enlarged on bail, in case of his arrest in Spl.Case no.1035/2024 (Crime no.205/2024 of Siraguppa Police Station) for offences punishable under Sections 87, 54, 137 (2), 64 (2) (m) of BNS and Sections 4 (2), 5 (l), 6 and 8 of POCSO, subject to following conditions: a) Petitioner shall execute personal bond for sum of Rs.1,00,000/- with two sureties for likesum to satisfaction of Court. b) He shall attend Court proceedings regularly. c) He shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. - 8 - NC: 2025:KHC-D:3997 CRL.P No. 100132 of 2025 d) He shall not indulge in any criminal activities. e) It is clarified that all observations herein are prima facie consideration of this order and shall not bind trial Court while passing final judgment. SD/- (RAVI V.HOSMANI) JUDGE EM/GRD CT:PA LIST NO.: 1 SL NO.: 10