- 1 - HC-KAR NC: 2025:KHC-D:8234 CRL.P No. 102140 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102140 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: MR. MARUTI @ MARUTEPPA S/O. SHIVAPPA BOCHANAHALLI, AGE: 26 YEARS, OCC: COOLIE, R/O. SIDDESHWAR NAGAR, KOPPAL, TQ AND DIST. KOPPAL-583231. …PETITIONER (BY SHRI NEELENDRA D. GUNDE AND SHRI HANUMESH M. DESAI, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KOPPAL WOMEN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SMT. MANJULA W/O. SHARANAPPA KATTIMANI, AGE: 30 YEARS, OCC: LABOURER, R/O. SIDDESHWAR NAGAR, KOPPAL-583231, TQ AND DIST. KOPPAL. …RESPONDENTS (BY SHRI ABHISHEK MALIPATIL, HCGP FOR R1; NOTICE TO R2 SERVED) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS), SEEKING TO GRANT BAIL TO THE PETITIONER/ACCUSED IN CRIME NO.13/2024 REGISTERED IN KOPPAL WOMEN POLICE STATION, PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, AT: KOPPAL IN SPC.SC.POCSO NO.25/2024 FOR THE OFFENCES PUNISHABLE U/S.363, 376(3) OF IPC AND SECTION 4(2) OF THE POCSO ACT AND SECTION 9 OF THE PROHIBITION OF CHILD MARRIAGE ACT 2006 AND SECTION 3(1)(w), 3(2)(va) OF SC AND SC (POA) ACT, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8234 CRL.P No. 102140 of 2025 THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. Gunde Neelendra Dhanyakumar and Sri.Hanumesh M.Desai., learned counsels for the petitioner and Sri. Abhishek Malipatil., learned High Court Government Pleader for respondent No.1 – State. 2. The petitioner/accused has filed this petition under Section 439 of Cr.P.C, [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant bail in Spl.SC.POCSO.No.25/2024, pending on the file of learned Additional District and Sessions Judge, FTSC-1, Koppal in connection with Koppal Women P.S. Crime No.13/2024 for the offences punishable under Sections 363, 376(3) of Indian Penal Code (for short ‘IPC’), Section 4(2) of the Protection of Children From Sexual Offences Act, 2012 (for short ‘POCSO’), Section 9 of the Prohibition of Child Marriage Act, 2006 and Section 3 (1)(w), 3(2)(va) of - 3 - HC-KAR NC: 2025:KHC-D:8234 CRL.P No. 102140 of 2025 Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC and ST (POA) Act). 3. Brief facts of the prosecution case is as under: In the first instance on 18.02.2024, the mother of victim girl lodged a missing complaint to the police stating that her daughter, aged about 13 years, left the house for going to the school and did not return to the house in the evening. She suspected that the petitioner might have taken her daughter. After tracing the girl, she was produced before the Magistrate for the purpose of recording the statement under Section 164 of Cr.P.C. This statement shows that the girl was in love with the petitioner and that the petitioner had come to the house of the girl and met her at various places, as called for by the victim girl. The said statement also reveals that the mother of victim girl told the petitioner that victim girl is minor then. The victim girl further reveals that on various - 4 - HC-KAR NC: 2025:KHC-D:8234 CRL.P No. 102140 of 2025 dates, she was wandering with petitioner and then, she insisted the petitioner to visit her house. 4. On reading the missing complaint and the statement of the girl, it becomes very clear that registration of complaint for the offence under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act may not be correct, because, there is nothing to show that the petitioner wanted to exploit the victim girl just because she is a member of SC or ST community. 5. So far as the offence under POCSO Act and IPC are concerned, at this stage, prima-facie materials is not forthcoming, because there is love between the victim girl and the petitioner. The victim girl has stated that she was wandering with the petitioner. However, she has not stated that the petitioner had intercourse with her. Though there is a medical evidence that the victim may have engaged in acts resembling sexual intercourse against the petitioner. The entire investigation is complete and - 5 - HC-KAR NC: 2025:KHC-D:8234 CRL.P No. 102140 of 2025 charge-sheet has been filed. Therefore, the detention of the petitioner in custody may not be necessary and his presence may be secured before the Court for the purpose of trial. Hence, the following: ORDER The petition filed under Section 439 of Cr.P.C, is allowed. The petitioner is ordered to be enlarged on bail in Spl.SC.POCSO.No.25/2024, pending on the file of learned Additional District and Sessions Judge, FTSC-1, Koppal in connection with Koppal Women P.S. Crime No.13/2024 for the offences punishable under Sections 363, 376(3) of IPC, Section 4(2) of the POCSO Act, Section 9 of the Prohibition of Child Marriage Act, and Section 3 (1)(w), 3(2)(va) of the SC and ST (POA) Act. The petitioner is also subjected to the following conditions: i) The petitioner shall provide his address proof before the trial Court; - 6 - HC-KAR NC: 2025:KHC-D:8234 CRL.P No. 102140 of 2025 ii) The petitioner shall not directly or indirectly influence the witnesses. If any complaint is received from any witnesses against the petitioner that he has made an attempt to influence them or persuade them to give false evidence, shall be viewed seriously by the trial Court; iii) The petitioner shall not tamper with the evidence collected by the investigating officer; iv) The petitioner shall appear before the Court regularly for trial, without fail. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 37