- 1 - HC-KAR NC: 2025:KHC-D:7961 CRL.P No. 101991 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101991 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: ANNAPPA S/O. SOMAPPA HADIMANI, AGE: 24 YEARS, OCC: AGRICULTURE, RESIDENT OF UKKUND, TQ. RANEBENNUR, DIST. HAVERI, PIN CODE-581208. …PETITIONER (BY SRI. V. M. BANAKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH HALAGERI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT: DHARWAD-580011. 2. RATNAVVA W/O. BASANAGOUDA BELAKERI, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, RESIDENT OF UKKUND, TQ. RANEBENNUR, DIST. HAVERI, PIN CODE-581208. …RESPONDENTS (BY SHRI JAIRAM SIDDI, HCGP FOR R1; SHRI CHETAN T. LIMBIKAI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CONNECTION WITH HALAGERI P.S. CRIME NO.254/2024, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, HAVERI, IN SPL.SC NO.13/2025, REGISTERED FOR THE OFFENCES PUNISHABLE U/S.126(2), 75, 115(2), 352 R/W. 3(5) OF BNS 2023 AND U/S.8 AND 12 OF POCSO ACT, 2012, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7961 CRL.P No. 101991 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.V.M.Banakar, learned counsel for the petitioner/accused No.1 and Sri.Jairam Siddi, learned High Court Government Pleader for respondent No.1-State and Sri.Chetan T. Limbikai, learned counsel for respondent No.2. 2. The petitioner has filed this petition under Section 439 of Cr.P.C. (483 of BNSS-2023) to enlarge him on bail in Crime No.254/2024 of Halageri Police Station, registered for the offences punishable under Sections 126(2), 75, 115(2) 352 r/w 3(5) of BNSS-2023 and Section 8 and 12 of the POCSO Act, 2012. 3. Brief facts of the prosecution case are as under: On 09.12.2024 at about 9.15 p.m. CW-1 and her minor daughter had been to Basaveshwara Temple for Kartikostava and to have Prasad in the temple. At that time, accused No.1 outraged the modesty of CW.1 and - 3 - HC-KAR NC: 2025:KHC-D:7961 CRL.P No. 101991 of 2025 also insisted CW-1 to perform her daughter’s marriage with him. Thereby, he pulled her saree and also intentionally provoked her and breached her peace and criminally intimidated her. Hence, first informant lodged complaint. This leads to registration of FIR and investigation. During the course of investigation, accused No.1 arrested and remanded to police custody. 4. The learned counsel for the petitioner contended that the petitioner is innocent. He has not committed any offence as alleged by the prosecution and he is law abiding citizen and there are no criminal antecedents of the petitioner. Petitioner is ready to abide by the conditions imposed by this Court. Hence, prays to allow the petition. 5. Per contra, learned HCGP for respondent No.1- State and learned counsel Sri.Chetan T. Limbikai vehemently contended that there is a prima facie material against the accused to show his involvement in the alleged - 4 - HC-KAR NC: 2025:KHC-D:7961 CRL.P No. 101991 of 2025 offence and he has committed offence against minor victim. If the petitioner is released on bail, he may threaten the complainant and her minor daughter; this would hamper the trial and hence prays to dismiss the bail petition. 6. On perusal of the material available on record, it appears that accused No.1 took quarrel with CW.1 and also demanded to perform CW.1 daughter’s marriage with him, thereby he took quarrel with them, abused and made criminal intimidation. The alleged offence is not punishable with death or imprisonment for life. The petitioner is permanent resident of Wakkund village, Ranebennur taluk and petitioner is not involved in any grave offence. 7. It is well established principles of law that, while considering the bail application, the Court has to consider the nature of offences, circumstances in which offences committed, position and status of the accused, likelihood of he fleeing away from the justice, repeating - 5 - HC-KAR NC: 2025:KHC-D:7961 CRL.P No. 101991 of 2025 same offences, tampering with witnesses, character and antecedents of the accused. Further the law is well settled that, while disposing of the bail petition, Court need not scan the prosecution papers and hold a mini trial. Keeping all these factors in mind and careful perusal of the entire material on record, this Court is of the opinion that, this is a fit case to grant bail. Accordingly I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner / accused No.1 is ordered to be enlarged on bail in Crime No.254/2024 of Halageri Police Station registered for the offences punishable under Sections 126(2), 75, 115(2) 352 r/w 3(5) of BNSS-2023 and Section 8 and 12 of the POCSO Act, 2012, on the following conditions. (i) The petitioner / accused No.1 shall execute a personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC-D:7961 CRL.P No. 101991 of 2025 (ii) The petitioner shall not tamper and threaten the prosecution witnesses. (iii) The petitioner shall attend the jurisdictional Court regularly. (iv) The petitioner shall not involve in the similar offences. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (VENKATESH NAIK T) JUDGE HMB /CT-AN List No.: 1 Sl No.: 22