- 1 - HC-KAR NC: 2025:KHC-D:17735 CRL.P No. 104291 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104291 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: NAGARAJ S/O. RAMAPPA VETTI, AGE. 24 YEARS, OCC. COOLIE, R/O. ITTIGUDI VILLAGE, TQ. HARPANHALLI, DIST. VIJAYANAGAR, PIN-583213. …PETITIONER (BY SRI. TIPPANAGOUDA REVANAGOUDA PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, RANEBENNUR RURAL P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD- 580011. 2. SHRI. GANGAPPA S/O. TIRAKAPPA KOTRAPPANAVAR @ MASALAD, AGE. 40 YEARS, OCC. COOLIE, R/O. HIREBIDRI, TQ. RANEBENNUR, DIST. HAVERI, PIN-581115. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., (483 OF BNSS), PRAYING TO, RELEASE THE PETITIONER/ACCUSED ON BAIL, IN SPL.S.C. NO.48/2024 ARISING OUT OF RANEBENNUR RURAL PS CRIME NO.108/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363, 366, 376 (2) (N) AND 344 OF IPC AND UNDER SECTION 6 AND 12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT 2012 AGAINST HIM, PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 HAVERI AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17735 CRL.P No. 104291 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is the sole accused before this Court seeking for grant of regular bail in Crime No.108/2024 of respondent-police for the offences under Sections 363, 366, 376(2)(n) and 344 of the Indian Penal Code, 18601 and Sections 6 and 12 of the Protection of Children from Sexual Offence Act, 20122. Brief facts of the case: 2. The case of the prosecution is that the father of the victim has lodged a complaint stating that on 06.04.2024, his daughter who is the victim had been to attend the SSLC examination along with her friends. However, after the examination, she did not return home. On enquiry, the complainant did not get any satisfactory answer from the friends of the victim. Therefore, he has 1 For short, ‘IPC’ 2 For short, ‘POCSO’ - 3 - HC-KAR NC: 2025:KHC-D:17735 CRL.P No. 104291 of 2025 informed his friends and relatives regarding missing of his daughter and all the relatives started searching the whereabouts. However, they did not get any information regarding the victim. Hence, a complaint came to be registered against unknown persons. 3. The respondent-police after registering the case started investigation. During investigation, the victim was secured on 24.04.2024. 4. After securing the victim, the facts of the case has been unfolded in such a way that on 25.03.2023, the petitioner had been to Hirebidari village to meet the victim. It is stated that the petitioner has committed sexual assault on the victim on the pretext that he would die, if she is not willing to co-operate with him. Again on 06.04.2024, he had accompanied her when she had been to attending her examination. Thereafter, it is stated that he had kidnapped her in a white car and took her to Chikkamagaluru. From there, they went to Annuru village and stayed there for 15 days. - 4 - HC-KAR NC: 2025:KHC-D:17735 CRL.P No. 104291 of 2025 5. On 23.04.2024, they were secured by the respondent-police. Hence, they appear before the respondent-police on the following day. Based on the information, some provisions were inserted in the FIR and subsequently, charge sheet has been filed. 6. Heard Sri. Tippanagouda Revanagouda Patil, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.1-State. 7. 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. The petitioner was not aware about the actual age of the victim. As per the records, the age of the victim was 17 years 6 months. Though, she had been subjected to sexual assault, the said aspect is a matter of trial. The petitioner is in judicial custody since 24.04.2024 and he is earning member of the family. 8. It is further submitted that, the petitioner is the permanent resident of Ittigudi village, Harpanhalli Taluka, - 5 - HC-KAR NC: 2025:KHC-D:17735 CRL.P No. 104291 of 2025 Vijayanagar District. The petitioner will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 9. Per contra, learned High Court Government Pleader for respondent No.1-State vehemently submitted that, the petitioner knowingly that the victim has not completed 18 years, threatened and induced her and committed sexual assault on her and thereafter, he has kidnapped her and took her to remote area at Chikkamagaluru and confined her for a period of 15 days. Thereafter, she was secured by respondent-police. The victim has narrated the incident before the Magistrate and her statement was recorded under Section 164 of Cr.P.C. Such being the case, it is not appropriate to grant bail to the petitioner. Making such submissions, learned High Court Government Pleader prays to reject the petition. 10. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that the petitioner - 6 - HC-KAR NC: 2025:KHC-D:17735 CRL.P No. 104291 of 2025 is the resident of Ittigudi village, Harpanhalli Taluka and the victim is the resident of Hirebidri, Ranebennur Taluk. The petitioner acquainted with the victim. Though, it is alleged that the victim has not completed 18 years as on the date of alleged incident, the fact remains that, the said matter according to the learned counsel for the petitioner, it was not brought to the notice of the petitioner. Moreover, the victim was staying along with the petitioner for more than 15 days without informing anybody that she was kidnapped by the petitioner. 11. Having considered the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions. 12. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.108/2024 of respondent-police, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One - 7 - HC-KAR NC: 2025:KHC-D:17735 CRL.P No. 104291 of 2025 Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not involve in any criminal cases till disposal of the case. 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 SMM/CT: UMD List No.: 2 Sl No.: 32