- 1 - HC-KAR NC: 2025:KHC-D:17737 CRL.P No. 104331 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104331 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: GANESHA H.V. S/O. HULUGAPPA, AGE. 23 YEARS, OCC. MASON, R/O. KALINGERI VILLAGE, SANDUR, TQ. BALLARI, DIST.-583119. …PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH GUDEKOTE PS) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001. 2. NAGARAJA V.K. S/O. LATE KARIYAPPA, AGE. 41 YERAS, OCC. COOLIE, R/O. CS PURA VILLAGE, KUDLIGI TALUK, BALLARI-583135. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. GANAPATI M.BHAT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL CASE NO.1001/2025 IN CONNECTION WITH (CRIME NO.47/2025 REGISTERED IN GUDEKOTE) PS UNDER SECTIONS 137(2), 64/2)(M) 87, 54, 249 OF BNS AND 4(1), 6, 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, AND SECTION 9 AND 10 OF THE PROHIBITION OF CHILD MARRIAGE (KARNATAKA AMENDMENT) ACT 2016 PENDING TRIAL OF THE CASE, BEFORE THE ADDL. DIST. AND SESSIONS JUDGE F.T.S.C I BALLARI AND ETC., Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17737 CRL.P No. 104331 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.47/2025 of respondent- police for the offence under Sections 137(2), 64(2)(m), 87, 54, 249 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4(1), 6 and 17 of the Protection of Children From Sexual Offences Act, 2012 and Sections 9 and 10 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016. Brief facts of the case: 2. The case of the prosecution is that, the father of the victim has lodged a complaint against the petitioner stating that on 11.06.2025 his daughter had been to attend the college, however, she did not return to home. Later, the complainant had tried to trace whereabouts of the victim. However, he could not trace the whereabouts. Therefore, he lodges a complaint before the respondent-police. - 3 - HC-KAR NC: 2025:KHC-D:17737 CRL.P No. 104331 of 2025 3. The respondent-police on the basis of the compliant registered a case and conducted investigation. After conducting investigation, submitted the charge sheet. 4. Heard Sri. B. Anwar Basha, learned counsel for the petitioner, Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1-State and Sri. Ganapati M. Bhat, learned counsel for respondent No.2. 5. It is the submission of the learned counsel for the petitioner that, the victim is aged about 17 years. The said age is not proper and accurate age. In fact, she was loving the petitioner and wanted to marry him. Therefore, she has accompanied him and thereafter, she has been traced by the respondent-police. 6. It is further submitted that the petitioner is aged about 23 years and working as mason and he is the earning member of the family and also he is the permanent resident of Kalingeri Village, Sandur Taluk, Ballari District. He will abide by the conditions imposed by this Court in the event - 4 - HC-KAR NC: 2025:KHC-D:17737 CRL.P No. 104331 of 2025 of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the petitioner knowingly that the victim has not completed 18 years, induced her and kidnapped her on the pretext of marriage, committed sexual assault on her. As the petitioner has committed heinous offence, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 8. Similarly, learned counsel for respondent No.2 adopted the arguments advanced by the learned High Court Government Pleader and prays to reject the bail. 9. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that, the Investigating Officer has produced extract of admission register and certificate to substantiate the age of the victim. As per the said certificate, the date of birth of the victim is - 5 - HC-KAR NC: 2025:KHC-D:17737 CRL.P No. 104331 of 2025 31.08.2003. However, those documents are not substantiated by producing the birth certificate. In the absence of birth certificate, it is not appropriate to determine the age of the victim that she has not completed 18 years would be the contention of the learned counsel for the petitioner. 10. Having considered the said submission and on perusal of the documents available on record, I am of the considered opinion that, the petitioner has made out a case to grant bail. 11. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.47/2025 of respondent-police, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court. - 6 - HC-KAR NC: 2025:KHC-D:17737 CRL.P No. 104331 of 2025 (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 2 Sl No.: 33