- 1 - HC-KAR NC: 2025:KHC-D:14327 CRL.P No. 103552 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103552 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: EEKANTHAPPA G S/O. KONAPUR GANGANNA, AGE. 32 YEARS, OCC. CAR DRIVER, R/O. 5TH WARD, ASHRAYA COLONY, NEW MUNDARAGI, BALLARI TQ. BALLARI DIST.-583 201. PERMANENT: BOMMADEVARAHALLI VILLAGE, TAMMENAHALLI POST, MOLAKLMURU TQ., CHITRADURGA DIST.-577 535. …PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH WOMEN P S) BALLARI, REPRESENTED BY ITS, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580 001. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14327 CRL.P No. 103552 of 2025 2. KOUSAR BANU W/O. ALLABAKSHI AGE. 40 YEARS, OCC. HOUSE WIFE, 5TH WARD, 16TH CROSS MAIN ROAD, NEW MUNDARAGI, BALLARI TQ., BALLARI DIST.-583 201. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI. MAHESH WODEYAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL. CASE NO.787/2025 IN CONNECTION WITH (CRIME NO.63/2025 REGISTERED IN WOMEN PS BALLARI PUNISHABLE UNDER SECTION 65(2), 64, 137(2) OF BNS AND 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, PENDING TRIAL OF THE CASE, BEFORE THE ADDL. DIST. AND SESSIONS JUDGE F.T.S.C-I, BALLARI AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:14327 CRL.P No. 103552 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.1 is before this Court seeking regular bail in Crime No.63/2024 of respondent-Police Station for the offences punishable under Sections 65(2), 64, 137(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) in Spl.Case No.787/2025 pending on the file of Additional District and Sessions Judge, F.T.S.C-I, Ballari. Factual matrix of the case: 2. The case of the prosecution is that, the complainant, namely, Kousar Banu, mother of the victim lodged a complaint stating that, on 18.05.2025, the daughter of the complainant took Rs.5/- from her and informed her that she would go to the shop to get chips. While the victim was coming after taking chips from the shop, the petitioner herein is stated to have induced her and took her to his house and committed sexual assault on her. On doing so, - 4 - HC-KAR NC: 2025:KHC-D:14327 CRL.P No. 103552 of 2025 one Muflin had suddenly entered into the house where the alleged incident was being taken place. The petitioner suddenly woke up and went away. Thereafter, the said fact was informed to the complainant. Therefore, a complaint came to be registered against the petitioner. Based on the complaint, the respondent police registered a case, conducted investigation and submitted the charge sheet. 3. Heard Sri.Anwar Basha, learned counsel for the petitioner and Sri.Praveen Y.Devareddi, learned High Court Government Pleader for respondent No.1 – State and Sri.Mahesh Wodeyar, learned counsel for respondent No.2. 4. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. In fact, the Investigating Officer has not cited the said Muflin and the neighbour of the house as a witness to the charge sheet even though, they are stated to be the eyewitnesses to the incident. - 5 - HC-KAR NC: 2025:KHC-D:14327 CRL.P No. 103552 of 2025 5. It is further submitted that, the FSL report did not disclose any materials to indicate that the victim had been subjected to sexual assault. In fact, there are no signs of injuries found on the private part of the victim. Hence, it is appropriate to grant him bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned counsel for respondent No.2 submitted that the statement of the victim plays a predominant role in a cases like POCSO. The victim being aged about 10 years and she had been subjected to sexual assault, supported the case of the prosecution and her statement was recorded under Section 164 of Cr.P.C. Nothing is forthcoming in the defence that he had been falsely implicated in the case. In fact, the said incident was witnessed by two independent witnesses. Merely because they have not been cited as a witnesses in the charge sheet, that does not mean that they would not be called as a court witness during trial. Therefore, it is not appropriate to grant him bail in the interest of the child. - 6 - HC-KAR NC: 2025:KHC-D:14327 CRL.P No. 103552 of 2025 Making such submissions, learned counsel for respondent No.2 prays to dismiss the petition. 7. Similarly, the learned HCGP for respondent No.1 – State adopted the arguments advanced by learned counsel for respondent No.2 and prays to reject the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it would indicate that the petitioner is stated to have committed sexual assault on the victim and the same was witnessed by the neighbour and one Muflin, who is the friend of the victim. However, those two witnesses have not been cited in the charge sheet as a charge sheet witnesses. Moreover, the medical certificate would indicate that no injuries are found on the private part of the victim. Having considered the facts and circumstances of the case, it is appropriate to grant him bail. 9. Hence, I proceed to pass the following: ORDER i) The criminal petition is allowed. - 7 - HC-KAR NC: 2025:KHC-D:14327 CRL.P No. 103552 of 2025 ii) The petitioner is ordered to be enlarged on bail in Spl.C.No.787/2025, pending on the file of the Additional District and Sessions Judge, FTSC-I, Ballari arising out of Crime No.63/2025 registered by the Women Police Station, Ballari for the offences punishable under Sections 65(2), 64, 137(2) of the BNS, 2023 and Sections 4 and 6 of the POCSO Act, subject to the following conditions: a) The petitioner shall cooperate with the investigation as and when it is required. b) The petitioner shall not threaten or tamper the prosecution witnesses. c) The petitioner shall appear before the Trial Court on all hearing dates without fail. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE UN/CT: UMD List No.: 2 Sl No.: 11 - 8 - HC-KAR NC: 2025:KHC-D:14327 CRL.P No. 103552 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [EEKANTHAPPA G S/O. KONAPURA GANGANNA VS. THE STATE OF KARNATAKA AND ANOTHER] 04.11.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE S.RACHAIAH ORAL ORDER ON ‘BEING SPOKEN TO’ Heard learned counsel for the petitioner. In the operative portion of the Order dated 27.10.2025, at page No.7 condition No.(d) is inserted as under: “(d) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum, to the satisfaction of the Trial Court.” This order shall be read in conjunction with the Order dated 27.10.2025. Registry to issue fresh free certified copy of the order to the parties. Sd/- ( S.RACHAIAH) JUDGE SMM / List No.: 3 Sl No.: 1