- 1 - HC-KAR NC: 2025:KHC-D:12821 CRL.P No. 103621 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103621 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MR. SANDESH @ SANDEEP S/O SADASHIVA BORANATTI, AGE. 22 YEARS, OCC. COOLIE, R/O. HALLIGIDA ONI, SOUDHADATTI, TQ. SOUDATTI, DIST. BELAGAVI. … PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY GANGAVATHI TOWN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SRI. JAFARSAB S/O ALAMSAB ITAGI, AGE. 43 YEARS, OCC. DRIVER, R/O. 3RD CROSS, LINGARAJ CAMP, GANGAVATHI-583 231, TQ. GANGAVATHI, DIST. KOPPAL. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.116/2025 REGISTERED WITH GANGAVATHI TOWN P.S. AND PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE-KOPPAL (SITTING AT GANGAVATHI) IN SPL. C.(POCSO) NO.13/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(M) OF BNS, AND SECTIONS 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT-2012, IN THE INTEREST 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:12821 CRL.P No. 103621 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) Accused in Special Case (POCSO) No.13 of 2025 pending before the Court of Additional District and Sessions Judge, Koppal (sitting at Gangavathi) arising out of Crime No.116 of 2025 registered by Gangavathi Town Police Station, Koppal for offences punishable under Sections 137(2), 264(2)(m) of BNS, 2023 and Sections 4 and 6 of 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.116 of 2025 was registered by the Gangavathi Town Police Station, Koppal, initially for offence punishable under Section 137(2) of BNS, 2023 - 3 - HC-KAR NC: 2025:KHC-D:12821 CRL.P No. 103621 of 2025 against unknown persons based on the first information dated 02.06.2025, received from respondent No.2, who is the father of the victim girl, who was aged 17 years 4 months as on the date of registration of FIR. During the course of investigation, petitioner and the victim girl were traced together at Khanapur in the house of petitioner's aunt and thereafter, they were brought back to their village. Petitioner was arrested on 05.06.2025 and was subsequently 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, in Special Case (POCSO) No.13 of 2025 was rejected on 30.08.2025. Therefore, he is before this Court. 4. Perusal of the first information would go to show that the victim girl aged 17 years 4 months was found missing from her house on 30.05.2025. Attempts made to trace her had failed and therefore, her father had approached Police on 02.06.2025 and based on his first - 4 - HC-KAR NC: 2025:KHC-D:12821 CRL.P No. 103621 of 2025 information, FIR in Crime No.116 of 2025 was registered against unknown persons initially for offence punishable under Section 137(2) of BNS, 2023. 5. During the course of investigation, petitioner and the victim were traced together at Khanapur in the house of petitioner’s aunt and thereafter, they were brought back to their village. During the course of investigation, the statement of the victim girl under Section 183 of BNSS, 2023 was recorded by the Jurisdictional Magistrate on 11.06.2025. The victim girl has stated that she is in love with the petitioner and he had provided her a mobile phone. She used to speak to him over the said mobile phone in the absence of her parents at home. On 30.05.2025, petitioner had asked her to come to Gangavathi bus stand and from the said bus stand, he had taken her to Hosapete and subsequently to Belagavi and thereafter they went to Bengaluru and stayed in rented premises at Nelamangala till 02.06.2025. In the said premises, petitioner had sexual intercourse with her. Subsequently, petitioner took her to - 5 - HC-KAR NC: 2025:KHC-D:12821 CRL.P No. 103621 of 2025 his aunt's house at Khanapur and her aunt informed the parents of the victim girl about the presence of the petitioner and the victim girl in her house. Subsequently, the Police and relatives of the victim came to Khanapur and brought the petitioner and the victim girl to their village. From the aforesaid, it is apparent that the petitioner, aged about 22 years and the victim girl, who was aged about 17 years 4 months, were in love and they had together left their village and had travelled to various places and also stayed together. 6. Investigation of the case is completed and charge sheet is already filed. Petitioner has no criminal antecedents. Continued detention of the petitioner in custody with hardcore criminals may have adverse impact on him. Trial in the case is yet to commence. Under the circumstances, the prayer made by petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC-D:12821 CRL.P No. 103621 of 2025 ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in Special Case (POCSO) No.13 of 2025 pending before the Court of Additional District and Sessions Judge, Koppal (sitting at Gangavathi) arising out of Crime No.116 of 2025 registered by Gangavathi Town Police Station, Koppal for offences punishable under Sections 137(2), 264(2)(m) of BNS, 2023 and Sections 4 and 6 of 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 unless the Trial Court exempts his appearance for valid reasons; - 7 - HC-KAR NC: 2025:KHC-D:12821 CRL.P No. 103621 of 2025 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; v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 26