- 1 - HC-KAR NC: 2025:KHC-D:7294 CRL.P No. 101679 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.101679 OF 2025 (438(Cr.PC)/482(BNSS) BETWEEN: N. A. INDRA S/O. SANNA ANJINI, AGE: 21 YEARS, OCC: COOLIE, R/O. 23RD WARD, VALKIMIKI NAGAR, KARIGANUR, HOSAPETE TQ., BALLARI DIST-583201. …PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA. (THROUGH HOSAPETE RURAL POLICE STATION), R/BY STATE PUBLIC PROSECUTOR, DHARWAD-580001. 2. KP RAMU S/O. LATE YERRI SWAMI. AGE: 48 YEARS, OCC: DRIVER, R/O. OPP. BANASHANKARI TEMPLE, SHANKAR CAMP, HOSAPETE TQ., BALLARI DIST-583201. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 SERVED) THIS CRIMINAL PETITION IS FILED U/S.438 PF CR.P.C. (482 OF BNSS) SEEKING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.27/2025 REGISTERED IN HOSAPETE RURAL POLICE STATION FOR THE OFFENCES U/S.363, 137(2), 64(2), (I), (M), 49 OF BNS AND SECTION 17, 5(L) 6 OF POCSO ACT PENDING TRIAL OF THE CASE BEFORE ADDL. DIST. AND SESSION JUDGE F.T.S.C I BALLARI IN THE INTEREST OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7294 CRL.P No. 101679 of 2025 THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1 – State. Respondent No.2 remained absent. 2. The petitioner/accused No.2 has filed this petition under Section 438 of Cr.P.C., [482 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant anticipatory bail in Crime No.27/2025 of respondent No.1/Hospet Rural Police station for the offences punishable under Sections 137(2), 64(2)(i), 64(2)(m), 49 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’) and Sections 5(l), 6 and 17 of the Protection of Children From Sexual Offences Act, 2012. 3. As per the case of prosecution, the victim minor girl was studying in 10th standard in Mary School situated between Vaddarahalli and P.K.Halli villages. On - 3 - HC-KAR NC: 2025:KHC-D:7294 CRL.P No. 101679 of 2025 11.02.2025, the first informant and his family members slept in the hall and at about 1:30 a.m, when the first informant woke for attending nature call, he found missing his daughter i.e., victim girl in the house. Hence, the first informant and his family members searched here and there, but did not found. Then, the first informant lodged missing complaint to the respondent/police. Soon after lodging of the missing complaint, the victim was traced by the respondent/police, who was in the company of accused No.1. On being enquiry, the victim minor girl stated that accused No.1 eloped her and had sexual intercourse with her in the bush/hill situated beside the Kamalapur canal. She also stated that the petitioner/accused No.2 abetted/helped accused No.1 in commission of the offence. Therefore, the petitioner/accused No.2 is also implicated in this case. During the course of investigation, accused No.1 was arrested and remanded to judicial custody. 4. Apprehending his arrest at the hands of respondent/police, the petitioner/accused No.2 preferred - 4 - HC-KAR NC: 2025:KHC-D:7294 CRL.P No. 101679 of 2025 this anticipatory bail petition contending that he is innocent, he has been falsely implicated in this case, there are no direct and indirect evidence against him and he has not committed any offence. It is further contended that prima facie allegation is against accused No.1, who eloped victim girl and subjected her to sexual harassment and there are no major allegations alleged against accused No.2. The petitioner is ready to abide by the conditions to be imposed by this Court. With these grounds, prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader has filed statement of objections contending that there is a prima facie case against accused No.2, who assisted accused No.1 to elope along with victim. The victim girl is minor, aged about 16 years. If accused No.2 is released on bail, he may tamper the prosecution witnesses and hamper the trial. Hence, she prayed for dismissal of petition. - 5 - HC-KAR NC: 2025:KHC-D:7294 CRL.P No. 101679 of 2025 6. The records revealed that the victim girl was minor at the time of commission of offence. As per the statement of victim recorded under Section 164 of Cr.P.C., it appears that the victim has not stated against accused No.2 regarding his involvement, her accusation is against accused No.1, who repeatedly committed sexual assault on her. It shows that there are no major allegations against the petitioner/accused No.2 except, he provided vehicle for accused No.1. At this stage, there are no prima facie materials against accused No.2. Considering the nature and gravity of offence, position and status of petitioner with reference to the victim and witnesses, it is a fit case to grant bail to petitioner/accused No.2. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 438 of Cr.P.C., is allowed. The petitioner/accused No.2 is ordered to be enlarged on anticipatory bail, in the event of his arrest by - 6 - HC-KAR NC: 2025:KHC-D:7294 CRL.P No. 101679 of 2025 the respondent-police in Crime No.27/2025 on his execution of personal bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the S.H.O or I.O, subject to the following conditions: i) The petitioner shall surrender himself before the S.H.O/I.O within a period of 15 days from today; ii) The petitioner shall not tamper with the prosecution witnesses directly or indirectly; iii) The petitioner shall cooperate with investigating agency till conclusion of the investigation. iv) The petitioner shall be regular in attendance before the trial Court. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 10