- 1 - HC-KAR NC: 2025:KHC-D:16186 CRL.P No. 104236 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104236 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RAMESH @ PARASHURAM S/O. HANAMANTHAPPA ARABARA, AGE ABOUT 24 YEARS, OCC. COOLIE, R/O. MURADI VILLAGE, TQ. YALBURGA, DIST. KOPPAL-583231. &PETITIONER (BY SRI. RAJASHEKHAR B.HALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, THROUGH HANUMASAGARA POLICE STATION, TQ. KUSHTAGI, DIST. KOPPAL. 2. SMT. MAHADEVI W/O. MARIYAPPA GUNNAHAL, AGE ABOUT 35 YEARS, OCC. HOUSE WORK, R/O. MANNERAL VILLAGE, TQ. KUSHTAGI, DIST. KOPPAL-583231. &RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. SHIVANAND MALASHETTI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH CRIME NO.145/2025 REGISTERED BY THE HANUMASAGARA POLICE STATION PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1 KOPPAL OFFENCES PUNISHABLE UNDER SECTIONS 107, 351(2) OF BNS SECTIONS 12 AND 17 OF POCSO ACT 2012 AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16186 CRL.P No. 104236 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner who is arrayed as accused No.1 is before this Court seeking for grant of regular bail in Crime No.145/2025 of respondent No.1/Police for the offence punishable under Sections 12 and 17 of Protection of Children From Sexual Offences Act, 20121 and Section 351(2) of the Bharatiya Nyaya Sanhita, 20232. Brief facts of the case: 2. The case of the prosecution is that, the mother of the deceased lodged a complaint against the petitioner stating that, the petitioner was loving her daughter who is aged about 17 years and he wanted to marry her. Both the deceased and the petitioner were talking with each other in the phone which was given by the petitioner. It is further stated that, though, the complainant has warned her 1 For short 8POCSO Act9 2 For short 8BNS, 20239 - 3 - HC-KAR NC: 2025:KHC-D:16186 CRL.P No. 104236 of 2025 daughter/victim, the victim used to talk with the petitioner continuously without bringing to the notice of the complainant. Being frustrated with the act of her daughter, the complainant has broken the phone of the victim. Therefore, the victim has committed suicide. Hence, a complaint came to be registered against the petitioner. 3. Based on the complaint, the respondent No.1/Police have registered a case in Crime No.145/2025 for the offences stated supra, after conducting investigation, submitted the charge-sheet. 4. Heard Sri.Rajashekhar B.Halli, learned counsel for the petitioner, Sri.Jairam Siddi, learned High Court Government Pleader for respondent No.1/State and Sri.Shivanand Malashetti, learned counsel for the respondent No.2. 5. It is the submission of the learned counsel for the petitioner that, the present petition is filed during the Crime stage and subsequently, charge-sheet came to be filed. He - 4 - HC-KAR NC: 2025:KHC-D:16186 CRL.P No. 104236 of 2025 made available the charge-sheet along with the memo and the same is taken on record. 6. It is further submitted that, the petitioner is innocent of the alleged offences. In fact, the petitioner has decided to marry the daughter of the complainant who is died on account of mental agony. The petitioner had instructed the victim that he would marry her after she attaining the age of 18 years. In the meantime, the complainant had broken the mobile phone of the victim therefore, she committed suicide. However, it is alleged in the complaint that, she had committed suicide on account of that, the petitioner had harassed her which is baseless and false. Making such submissions, he prays to allow the petition. 7. Per contra, the learned counsel for respondent No.2 vehemently submitted that, the deceased is aged about 17 years and the petitioner had induced her and he was harassing her that she should marry him therefore, she - 5 - HC-KAR NC: 2025:KHC-D:16186 CRL.P No. 104236 of 2025 has committed suicide. Hence, it is not appropriate to grant him bail. 8. Similarly, learned High Court Government Pleader for respondent No.1/State adopted the arguments of the learned counsel for respondent No.2 and submitted that, the petition may be rejected. 9. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears that, the petitioner and the victim were loving each other, there was a continuous conversation between the victim and the petitioner. The said act was resisted by the complainant. It is stated in the complaint that, the mobile phone of the victim got broken. 10. Be that as it may, on perusal of the complaint averments, prima facie it appears that, the petitioner has made out a case to grant him bail. It is needless to state that, the merits of the case need not to be mentioned while - 6 - HC-KAR NC: 2025:KHC-D:16186 CRL.P No. 104236 of 2025 granting the bail. Hence, it is appropriate to grant bail as prayed for. 11. 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.145/2025 of respondent No.1/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following condition; (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:16186 CRL.P No. 104236 of 2025 (c) 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 PJ/CT: UMD List No.: 1 Sl No.: 20