- 1 - HC-KAR NC: 2025:KHC-D:16128 CRL.P No. 103962 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.103962 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MANJUNATH S/O. FAKIRAPPA MADAR, AGE. 25 YEARS, OCC. DRIVER, R/O. CHULAKI, TQ. SAVADATTI, DIST. BELAGAVI, PIN CODE-591126. &PETITIONER (BY SRI. SANKET SHANKARAPPA AMBALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH NARAGUND POLICE STATION, REPTD. BY ADDITIONAL STATE PUBLIC PROSECUTOR, S.P.P OFFICE, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. SMT. MANJULA W/O. BASAPPA MULIMANI, AGE 37 YEARS, OCC. HOUSEHOLD, R/O. SHIROL, TAL. NARAGUND, DIST. GADAG-582207. &RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ALLOW THE PRESENT CRIMINAL PETITION AND THE PETITIONER (SOLE ACCUSED) MAY BE RELEASED ON REGULAR BAIL IN NARAGUND P.S. CRIME NO.98/2025 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG AS S. C. (POCSO) NO.74/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(F)(M), 351 (2) OF BNS, 2023, SECTION 4 AND 6 OF POCSO ACT, 2012 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16128 CRL.P No. 103962 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 who is arrayed as accused No.1 is before this Court seeking for grant of regular bail in Crime No.98/2025 of respondent No.1/Police for the offence punishable under Sections 137(2), 64(2)(f)(m) and 351(2) of the Bharatiya Nyaya Sanhita, 20231 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 20122. Brief facts of the case; 2. The case of the prosecution is that a missing complaint was filed by the mother of the victim stating that the victim was found missing on 17.05.2025. Based on the said complaint, the respondent No.1/Police have registered a case and started investigation. During investigation, the 1 For short 8BNS, 20239 2 For short 8POCSO Act9 - 3 - HC-KAR NC: 2025:KHC-D:16128 CRL.P No. 103962 of 2025 respondent No.1/Police secured the victim and recorded her statement. As per her statement, the facts of the case has been unfolded in such a way that the victim and petitioner were loving each other. The victim is the relative of the petitioner. On 17.05.2025 around about 1:00 AM, the petitioner went in a car along with his friend in front of her house and asked her to come out of the house. Accordingly, she came out of the house and went along with him. He took her to the place where he was working as a JCB operator. It is stated that, both had been stayed in the shed which were allotted to him. During her stay, it is stated that she had been subjected to sexual assault. 3. Based on the statement, the additional provisions were inserted. Respondent No.1/Police after conducting the investigation, submitted the charge-sheet. 4. Heard Sri.Sanket Ambli, learned counsel for the petitioner and Sri.Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1/State. - 4 - HC-KAR NC: 2025:KHC-D:16128 CRL.P No. 103962 of 2025 5. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of the alleged incident. In fact, the petitioner is the maternal uncle of the victim and both of them were loving each other since two years. The age of the victim is 17 years and 05 months. As they were loving each other, she voluntarily accompanied the petitioner and stayed with him. 6. It is further submitted that the victim has changed her version after she was secured by the Police. In fact, her actual age was not disclosed to the petitioner and she was intending to marry him. Hence, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the offence committed by the petitioner against the minor. The sexual assault committed against the victim is a heinous crime, committed against the Society at large. Now - 5 - HC-KAR NC: 2025:KHC-D:16128 CRL.P No. 103962 of 2025 a days, the offences against women and children are drastically getting increased. The school and college children are being targeted in the name of love and marriage. If such act is not controlled properly by the intervention of the Courts, the offences of such nature cannot be regulated. Therefore, it is appropriate to reject the bail petition to provide strong message to the society at large. Making such submissions, the learned High Court Government Pleader prays to reject the bail. 8. 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 age of the victim is 17 years and 05 months as on date of the alleged incident. On perusal of the facts and circumstances of the case and also the statements of the victim made before the Magistrate under Section 164 of Cr.P.C., it is appropriate to grant him bail by imposing suitable conditions. Such conditions would meet the apprehension of the prosecution. - 6 - HC-KAR NC: 2025:KHC-D:16128 CRL.P No. 103962 of 2025 9. 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.98/2025 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 conditions; (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:16128 CRL.P No. 103962 of 2025 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.: 17