- 1 - HC-KAR NC: 2025:KHC-D:11621 CRL.P No. 103302 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103302 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHIVAKUMARANAYAK @ SHIVANNA NAIK R.M. S/O MANYANAYAK, AGE. 35 YEARS, OCC. R/O. KUMARNAHALLI TANDA, TQ. HADAGALI, DIST. BALLARI-583 101. & PETITIONER (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH HADAGALI P.S., DIST. BALLARI, REPRESENTED BY HCGP, HIGH COURT OF DHARWAD-01. 2. SMT. KOTRIBAYEE W/O LATE HAMYA NAIK, AGE. 40 YEAS, OCC. LABOUR, R/O. KUMARANAHALLI TANDA, TQ. HADAGALI, DIST. VIJAYANAGARA-591 222. & RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN SPL. C. NO.794/2025 (HADAGALI PS CRIME NO.66/2025) FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 351(2), 49, 64(2)(M) OF BNS AND UNDER SECTIONS 4 AND 6 OF THE POCSO ACT, REGISTERED BY HADAGALI PS, BALLARI, PENDING ON THE FILE OF THE COURT OF PRL. DISTRICT AND SESSIONS COURT, BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11621 CRL.P No. 103302 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Special Case No.794 of 2025 pending before the Court of Principal District and Sessions Judge and Special Judge, Bellary arising out of Crime No.66/2025 registered by Hadagali Police Station, Vijayanagar District, for offences punishable under Sections 351(2), 49, 64(2)(m) of BNS 2023 and Sections 4 & 6 of POCSO Act, is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the petitioner and the learned HCGP for the respondent No.1. Respondent No.2, who is served in the matter, has remained unrepresented in the present case. 3. FIR in the present case was registered against the petitioner for the aforesaid offences based on the first information dated 01.05.2025 submitted by respondent No.2, who is the mother of the victim girl, who was aged 18 years as on the date of registration of FIR in the present - 3 - HC-KAR NC: 2025:KHC-D:11621 CRL.P No. 103302 of 2025 case. During the course of investigation petitioner herein was arrested on 01.05.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the trial Court was rejected. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the victim girl, who is the daughter of the first informant in the present case, had completed 18 years of age as on the date of registration of FIR in the present case. When the first informant had informed her daughter that she was making arrangements to perform her marriage, the victim girl allegedly informed her that she was in love with the petitioner for the last more than 2 years and he also had sexual intercourse with her against her wishes with a promise to marry her. Subsequently, he had refused to marry her and therefore a panchayat was held. Since petitioner had refused to marry the victim girl, the first - 4 - HC-KAR NC: 2025:KHC-D:11621 CRL.P No. 103302 of 2025 informant had approached the police on 01.05.2025. Statement of the victim girl in the present case under Section 183 of the BNSS 2023 was recorded by the Jurisdictional Magistrate on 21.05.2023. Even in the said statement, victim girl has reiterated the allegations made against the petitioner in the first information, which was submitted by her mother on 01.05.2025. 5. From the overall appreciation of material available on record, it appears that petitioner and victim girl were in love and he had sexual intercourse with her against her wishes though she had informed him that she was a minor. Subsequently, it appears that petitioner has refused to marry the victim girl and therefore, the first informant has approached the police. 6. The first informant who is present in person before the Court states that, she has no objection for granting bail to the petitioner. Considering the background in which the FIR came to be registered against the petitioner and also since the investigation of the case is - 5 - HC-KAR NC: 2025:KHC-D:11621 CRL.P No. 103302 of 2025 completed in the present case, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Special Case No.794 of 2025 pending before the Court of Principal District and Sessions Judge and Special Judge, Bellary arising out of Crime No.66/2025 registered by Hadagali Police Station, Vijayanagar District, for offences punishable under Sections 351(2), 49, 64(2)(m) of BNS 2023 and Sections 4 & 6 of POCSO Act, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC-D:11621 CRL.P No. 103302 of 2025 2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future; 5. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 27