- 1 - HC-KAR NC: 2025:KHC-D:9767 CRL.P No. 102650 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102650 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: KIRAN S/O MOHAN, AGE: 40 YEARS, OCC: ADVOCATE, R/O: SHYAMALA NILAYA, SANMATINAGAR, 2ND MAIN, 2ND CROSS, KELGERI ROAD, DHARWAD-580 008. & PETITIONER (BY SRI. GANESH S. JITURI, SRI. M.V. THAVANSHI AND SMT. LAXMIDEVI D., ADVOCATES) AND: 1. THE STATE OF KARNATAKA, (THROUGH BELLARY WOMEN POLICE STATION, BELLARY) REP. BY H.C.G.P., DHARWAD. 2. SRI. SIRIYAPPA S/O. LATE SIRIYAPPA SHIVAPURA (GOLLARHATTI), TQ: KUDLIGI, DIST: VIJAYANAGAR-583 135. & RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO GRANT ANTICIPATORY BAIL TO THE ABOVE PETITIONER IN BALLARI WOMEN P.S. CRIME NO.18/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 137(2), 64(2)(M), 96 AND 49, 351(2) OF BHARATIYA NYAYA SANHITA, 2023 AND SECTION 4, 5(L) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, AND SECTION 9 OF PREVENTION OF CHILD MARRIAGES ACT, 2006 ON 04.02.2025 PENDING ON THE FILE OF IST ADDL. DISTRICT AND SESSIONS JUDGE (FTSC-I) BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9767 CRL.P No. 102650 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.7 in Special Case No.661 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC-1, Ballari, arising out of Crime No.18 of 2025 registered by Ballari Women Police Station, Ballari, for offences punishable under Sections 137(2), 64(2)(m), 96 and 49 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023), Sections 4, 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prevention of Child Marriages Act, 2006, is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023), seeking anticipatory bail. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter, has remained unrepresented before this Court. - 3 - HC-KAR NC: 2025:KHC-D:9767 CRL.P No. 102650 of 2025 3. FIR in Crime No.18 of 2025 was registered by Ballari Women Police Station, Ballari, initially for offence punishable under Section 137(2) of BNS 2023 against accused No.1, Nagaraja based on the first information dated 04.02.2025 received from respondent No.2, who is the father of the victim girl, who was allegedly aged 16 years 9 months as on the date of registration of the FIR. During the course of investigation, accused No.1 and the victim girl were traced together. After completing investigation, charge sheet has been filed for the aforesaid offences against 7 persons and petitioner is arrayed as accused No.7 in the charge sheet. Apprehending arrest, petitioner had filed Crl.Misc.No.429 on 2025 before the trial Court, which was rejected on 21.06.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that petitioner is a practicing advocate at Dharwad. Allegation against him in the charge sheet is that after the FIR was registered against accused No.1, he had - 4 - HC-KAR NC: 2025:KHC-D:9767 CRL.P No. 102650 of 2025 contacted accused No.1 over phone and had asked him to come along with the victim girl near the Court premises at Ballari and after the accused No.1 came near the Court premises along with the victim girl-CW2, he allegedly instigated her to give a statement before the Court that she had gone on a trip and also criminally intimidated her that if she does not give such a statement, he will not spare her and her parents. It is under the circumstances, in the charge sheet, which is filed against accused persons, petitioner who is a practicing advocate has been arrayed as accused No.7 and offences punishable under Sections 49, 351(2) of BNS 2023 has been invoked against him. Considering the nature of allegations found against the petitioner in the charge sheet, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered in the affirmative. According, the following: ORDER Petition is allowed. The respondent 3 Police or any other Police in the State of Karnataka are directed to release - 5 - HC-KAR NC: 2025:KHC-D:9767 CRL.P No. 102650 of 2025 the petitioner in the event of his arrest in Crime No.18 of 2025 registered by Ballari Women Police Station, Ballari, for offences punishable under Sections 137(2), 64(2)(m), 96 and 49 of the Bharatiya Nyaya Sanhita, 2023, Sections 4, 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prevention of Child Marriages Act, 2006, subject to the following conditions: i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer; ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons; iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon; - 6 - HC-KAR NC: 2025:KHC-D:9767 CRL.P No. 102650 of 2025 iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 25