- 1 - NC: 2025:KHC-D:4016 CRL.A No. 100117 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100117 OF 2025 (U/S 14 A(2) of SC & ST ACT) BETWEEN: ARUN @ ARUN KUMAR S/O. JAYANNA AGE. 26 YEARS, OCC. AUTO DRIVER, R/O. BHARAMSAGAR VILLAGE, CHALLEKERE TQ., PRESENT ADDRESS: MAIRAD COLONY, BOMSANDRA ROAD CHALLIKERE, CHITRADURGA DIST. 577522. …APPELLANT (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (THROUGH SIRGUPPA POLICE STATION), R/BY STATE PUBLIC PROSECUTOR, DHARWAD-580001. 2. CHIDANANDA S/O. THAYAMMA AGE. 48 YEARS, OCC. LABOURER, R/O. 2ND WARD, AMBEDKAR NAGAR, DESHNURU VILLAGE, SIRGUPPA TQ., BALLARI DIST-583212, PRESENTLY IN BENGALURU. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1) THIS CRIMINAL APPEAL IS FILED U/S 14(A)(2) OF SC AND ST ACT SEEKING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BALLARI DATED 17.01.2025 ENLARGE THE APPELLANT/ ACCUSED NO.5 ON BAIL IN CRIME NO.267/2024 IN CONNECTION REGISTERED IN SIRGUPPA POLICE STATION BALLARI, FOR THE OFFENCES P/U/S 137(2), 65(1), 64(2),(M) OF BNS AND SECTION B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.01 12:14:05 +0530 - 2 - NC: 2025:KHC-D:4016 CRL.A No. 100117 of 2025 4(2), 5(L),6 OF POCSO AND SECTIONS 3(2)(V), 3(2)(V)(A) OF SC/ST ACT, 1989, PENDING TRIAL OF THE CASE BEFORE THE ADDL. DIST. AND SESSIONS JUGE FTSC-I BALLARI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL JUDGMENT 1. Learned Addl. Government Advocate accepts notice for respondent No.1-State. 2. The appellant-accused no. 5 who is under investigation for offences punishable under Sections 137(2), 65(1), and 64(2)(M) of the BNS, 2023, Sections 4(2), 5(L), and 6 of the POCSO Act, 2012 and Sections 3(2)(v) and 3(2)(v)(a) of the SC/ST (POA) Act, 1989, is before this Court seeking regular bail. 3. The prosecution alleges that on 22.11.2024, Accused No.1 approached the school gate where the survivor was studying and urged her to accompany him, and further threatened to commit suicide if she refused. The survivor further alleges that letters given to her by Accused No. 1 were torn apart. 4. On 23.11.2024, at approximately 8:00 AM, the survivor went to the bus stand. Around 9:00 AM, Accused No.1, accompanied by Accused No.2, arrived on a motorcycle. Against the survivor’s wishes, Accused No. 1 pressured her to get on the motorcycle by again threatening to commit suicide. They then took her to the Ballari bus stand. Upon arrival, Accused No. 1 handed - 3 - NC: 2025:KHC-D:4016 CRL.A No. 100117 of 2025 over the motorcycle to Accused No. 2 and thereafter, accused no.5 took the survivor on a bus and after alighting from the bus, accused No.3 took accused No.1 and survivor to the farmhouse belonging to accused No.4. 5. The allegation against Accused No.5 is that he merely accompanied the survivor on the bus and to the farmhouse belonging to accused No.4 and 5. The allegation of forcible sexual intercourse is solely against Accused No.1. 6. In light of the above, the appellant has established a prima facie case for being enlarged on bail. Accordingly, the appeal is allowed. ORDER i. The instant appeal is allowed. ii. The impugned order dated 17.01.2025 passed by the Additional District & Sessions Judge, FTSC-I Judge, Ballari in Crime No.267/2024 is hereby set aside. Appellant/accused No.5 is enlarged on bail subject to following conditions: (a) Appellant/accused No.5 shall furnish personal bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. (b) He shall appear before the Court as and when required. (c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. - 4 - NC: 2025:KHC-D:4016 CRL.A No. 100117 of 2025 (d) He shall not get involved in similar offences. (e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 12