- 1 - NC: 2025:KHC-D:6957 CRL.P No. 103711 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103711 OF 2024 (439(Cr.PC)/483(BNSS) BETWEEN: FAKEERAPPA HANUMANT ABBIGERI AGE: 24 YEARS, OCC. DRIVER R/O. GORAVANAKOLLA TQ. SAUNDATTI DIST. BELAGAVI-591116. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE R/BY MURGOD POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH AT DHARWAD-590011. 2. SHIVAPPA YAMANAPPA SOMAPUR AGE: 47 YEARS, OCC: AGRICULTURE R/O. MATHAD ONI, MURGOD-591119 TQ. SAUNDATTI, DIST. BELAGAVI. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R-1, R-2 SERVED) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE ON BAIL THE PETITIONER/A1 IN CRIME NO. 89/2023 OF MURGOD PS FOR THE OFFENCE PUNISHABLE U/S 363, 376(2)(n)(o), 109 R/W 34 OF IPC AND SECTION 4, 6 OF POCSO ACT AND 9, 10, 11 OF CHILD MARRIAGE (PROHIBITION) ACT IN SPL. CASE NO. 109/2023 PENDING BEFORE THE ADDL. DIST AND SESSIONS FTSC 1 BELAGAVI, IN THE INTEREST OF JUSTICE. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6957 CRL.P No. 103711 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Prashant Mathapati, advocate for petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State. 2. Successive bail petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) with the following prayer: “ Prays to allow this Criminal Petition and enlarge the petitioner/A1 on bail in Crime No. 89/2023 of Murgod PS for the Offence Punishable u/s 363, 376(2)(n)(o), 109 r/w 34 of IPC and section 4, 6 of POCSO Act and 9, 10, 11 of Child Marriage (Prohibition) Act in Spl. Case No. 109/2023 pending before the Addl. Dist and Sessions Court, FTSC-1 Belagavi, in the interest of justice.” 3. Petitioner is facing trial in SC No.109/2023 for the offences punishable under Sections 363, 376(2)(n)(o), - 3 - NC: 2025:KHC-D:6957 CRL.P No. 103711 of 2024 109 R/W 34 IPC and Section 4 and 6 of POCSO Act and Sections 9, 10, 11 of Child Marriage(Prohibition) Act. 4. Certified copy of the deposition of the victim girl is placed on record. She has not supported the case of the prosecution to any extent. Despite the cross examination of victim girl, the prosecution is unable to elicit any concrete material so as to adverse case of the prosecution to any extent. 5. Taking note of the said fact, this Court is of the considered opinion that continuation of the accused in judicial custody is no longer warranted. 6. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 7. Accordingly, the following order: ORDER (i) Petition is allowed. (ii) Petitioner is directed to be enlarged on bail on executing bond in a sum of Rs.50,000/- - 4 - NC: 2025:KHC-D:6957 CRL.P No. 103711 of 2024 with one surety for the likesum to the satisfaction of the trial Court. (iii) Petitioner shall attend the Court regularly. (iv) Petitioner shall not tamper the remaining prosecution witnesses in any manner. (v) Petitioner shall not leave the Belagavi District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE HMB CT:GSM List No.: 1 Sl No.: 4