- 1 - HC-KAR NC: 2025:KHC-D:13237 CRL.P No. 103741 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103741 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MR. RAJANNA M.S. S/O SUBBANNA, AGE. 20 YEARS, OCC. STUDENT, R/O. KATINAKAMBA VILLAGE, BALLARI-583 101, TQ. AND DIST. BALLARI. … PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY CHORANURU POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SMT. NETRAMMA W/O HANUMANTHAPPA, AGE. 37 YEARS, OCC. HOUSE WIFE, R/O. KATINAKAMBA VILLAGE-583 101, TQ. SANDUR, DIST. BALLARI. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED IN CRIME NO.86/2024 REGISTERED WITH CHORANURU AND PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 BALLARI IN SPL.C. NO.1038/2024, FOR THE OFFENCES PUNISHABLE UNDER SECTION 137(2), 64(2(I) OF BNS AND SECTIONS 3 AND 4 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT-2012, 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:13237 CRL.P No. 103741 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Special Case No.1038 of 2024 pending before the Court of Additional District and Sessions Judge, FTSC-1, Ballari, arising out of Crime No.86 of 2024, registered by Choranuru Police Station, Sandur Circle, Ballari District, for the offences punishable under Sections 137(2) and 64(2)(i) of BNS, 2023 and Sections 3 and 4 of the POCSO Act, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the 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. FIR in Crime No.86 of 2024 was registered by Choranuru Police Station, Sandur Circle, Ballari District, initially for offence punishable under Section 137(2) of BNS, 2023, against the petitioner herein, based on the first information dated 13.08.2024 received from respondent - 3 - HC-KAR NC: 2025:KHC-D:13237 CRL.P No. 103741 of 2025 No.2, who is the mother of the victim girl, who was aged 16 years 10 months as on the date of registration of the FIR. During the course of investigation, the petitioner and the victim girl were traced and the petitioner was arrested on 31.08.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. 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 was found missing from her house on 11.08.2024 onwards and the efforts made to trace her by her parents and relatives had failed. Therefore, the mother of the victim girl had approached the Police on 13.08.2024 and since she suspected the hand of the petitioner, FIR was initially registered against the petitioner for offence punishable under Section 137(2) of BNS, 2023. During the course of investigation, the petitioner and the victim girl were traced. The petitioner was arrested in the - 4 - HC-KAR NC: 2025:KHC-D:13237 CRL.P No. 103741 of 2025 present case on 31.08.2024 and remanded to judicial custody. 5. The statement of the victim girl under Section 164 of Cr.P.C. was recorded by the jurisdictional Magistrate on 03.09.2024. The victim girl has stated that, she and the petitioner are in love. Her parents and relatives were making arrangements to perform her marriage with some other boy. Therefore, she and the petitioner had gone to Dharmastala on 12.08.2024 and stayed there in a room for two days. Subsequently, they returned back to their village. She has stated that, after she attains the age of majority, she intends to marry the petitioner and also has prayed to release him. From the aforesaid statement made by the victim girl, it is apparent that she and the petitioner are in love. She has not made any allegations against the petitioner about he committing any kind of sexual assault on her, when she was along with the petitioner. The petitioner is aged 20 years, who is said to be a student, is in custody for the last more than one year. Under the - 5 - HC-KAR NC: 2025:KHC-D:13237 CRL.P No. 103741 of 2025 circumstances, I am of the opinion that, the prayer for grant of regular bail by the petitioner – accused needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal petition is allowed. The petitioner – accused is directed to be enlarged on bail in Special Case No.1038 of 2024 pending before the Court of Additional District and Sessions Judge, FTSC-1, Ballari, arising out of Crime No.86 of 2024, registered by Choranuru Police Station, Sandur Circle, Ballari District, for the offences punishable under Sections 137(2) and 64(2)(i) of BNS, 2023 and Sections 3 and 4 of the POCSO Act, subject to the following conditions: (i) The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 6 - HC-KAR NC: 2025:KHC-D:13237 CRL.P No. 103741 of 2025 unless the Trial Court exempts her appearance for valid reasons; (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK List No.: 1 Sl No.: 23