- 1 - HC-KAR NC: 2025:KHC-D:13238 CRL.P No. 103780 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. 103780 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MARUTI S/O N. VENKATESH, AGE. 23 YEARS, OCC. DRIVER, R/O. NEAR GOVT. SCHOOL, HIPPITERI MAGANI, TQ. HOSAPETE, DIST. VIJAYANAGARA-583 201. … PETITIONER (BY SRI. SRINIVAS NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011, THROUGH HOSAPETE RURAL POLICE STATION, HOSAPETE, DIST. VIJAYANAGAR. 2. BAGYAMMA W/O GOPAL, AGE. 35 YEARS, OCC. LABOURER, R/O. 6TH WARD, NEAR MAREMMA TEMPLE, BASAVANA DURGA VILLAGE, TQ. HOSAPETE, DIST. VIJAYANAGAR-583 201. … 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, 2023), PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED IN SPL. CASE NO.753/2025 ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, F.T.S.C-I COURT, BALLARI, (IN CRIME NO.84/2025 OF HOSPETE RURAL POLICE STATION) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 4(2) AND 5(L) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 (P.O.C.S.O) AND UNDER SECTIONS 137(2), 64(2)(I), 64(2)(M) OF BHARATIYA NYAYA SANHITA (BNS) ACT, 2023, IN THE ENDS OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13238 CRL.P No. 103780 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Special Case No.753 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC-1, Ballari, arising out of Crime No.84 of 2025 registered by Hospet Rural Police Station, Hospet Sub-Division, Vijayanagara District, for offences punishable under Sections 4(2), 5(L) and 6 of POCSO Act and Sections 137(2), 64(2)(i), 64(2)(m) of BNS, 2023, is before this court under Section 483 of BNS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the 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.84 of 2025 registered by Hospet Rural Police Station, Hospet Sub-Division, Vijayanagara District, initially for the offence punishable under Section - 3 - HC-KAR NC: 2025:KHC-D:13238 CRL.P No. 103780 of 2025 137(2) of BNS, 2023 against the petitioner herein, based on the first information dated 26.04.2025 received from respondent No.2, who is the mother of the victim girl, aged about 14 years. During the course of investigation, the petitioner was arrested on 30.04.2025 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 and 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 21.04.2025. The efforts made by her parents and relatives to trace her had failed and therefore, on 26.04.2025, the first informant who is the mother of the victim girl had approached the Police 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. - 4 - HC-KAR NC: 2025:KHC-D:13238 CRL.P No. 103780 of 2025 The petitioner was arrested on 30.04.2025 and remanded to judicial custody. 5. The statement of the victim girl under Section 183 of BNSS, 2023 was recorded in the present case by the jurisdictional Court of Magistrate on 06.05.2025. The victim girl has stated that, she is acquainted to the petitioner and she and the petitioner are in love. On 21.04.2025 at about 10:30 a.m. she had left her house and gone along with the petitioner from Basavanadurga Bus Stand to Hospet and thereafter travelled to Hagaribomanahalli in a bus and subsequently they travelled to Shivamogga and from Shivamogga they travelled to Bangaluru and from Bangalore they travelled to Kudligi. The Police who came to Kudligi brought them back to their village. She has not made any allegation in her statement against the petitioner about he committing any kind of sexual assault on her when she was with him from 21.04.2025 onwards till they were traced and brought back by the Police. The petitioner is aged 23 years, having no criminal antecedents and he is in - 5 - HC-KAR NC: 2025:KHC-D:13238 CRL.P No. 103780 of 2025 custody from 30.04.2025. Investigation of the case is completed and charge sheet has been filed. Under the 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.753 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC-1, Ballari, arising out of Crime No.84 of 2025 registered by Hospet Rural Police Station, Hospet Sub-Division, Vijayanagara District, for offences punishable under Sections 4(2), 5(L) and 6 of POCSO Act and Sections 137(2), 64(2)(i), 64(2)(m) of BNS, 2023, 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; - 6 - HC-KAR NC: 2025:KHC-D:13238 CRL.P No. 103780 of 2025 (ii) The petitioner shall appear regularly on all the dates of hearing before the Trial Court 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.: 25