- 1 - HC-KAR NC: 2025:KHC-D:10717 CRL.P No. 103069 of 2025 C/W CRL.P No. 103083 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103069 OF 2025 C/W CRIMINAL PETITION NO. 103083 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL.P. NO.103069 OF 2025: BETWEEN: SHRI SHIVARAJ S/O BABU NAIK, AGE. 19 YEARS, OCC. COOLIE, R/O. WALKI, TQ. CHIKKODI, DIST. BELAGAVI, PIN-591 238. … PETITIONER (BY SRI S.M. MUCHHANDI, ADVOCATE ) AND: 1. THE STATE OF KARNATAKA, THE POLICE INSPECTOR KHADAKALAT, TQ. CHIKKODI, DIST. BELAGAVI, PIN-591 228, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT. DHARWAD BENCH, PIN-580 011. 2. SMT. POOJA W/O DEEPAK PATIL, AGE. 37 YEARS, OCC. HOUSEHOLD, R/O. WALAKI, TQ. CHIKKODI, DIST. BELAGAVI, PIN-591 201. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYS THAT THE PETITION BE ALLOWED AND THE PETITIONER/ACCUSED NO.1 MAY BE ENLARGED ON REGULAR BAIL IN KHADAKALAT P.S. CRIME NO.39/2025 UNDER SECTION 12 OF POCSO ACT AND SECTIONS RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10717 CRL.P No. 103069 of 2025 C/W CRL.P No. 103083 of 2025 126(2), 74 R/W 3(5) OF BNS, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI IN KHADAKALAT P.S. CR. NO.39/2025, TO MEET THE ENDS OF JUSTICE. IN CRL.P. NO.103083 OF 2025: BETWEEN: SHRI VAIBHAV S/O BHARAMU NAIK, AGE. 22 YEARS, OCC. AGRICULTURE, R/O. PATTANKUDI VILLAGE, TQ. CHIKKODI, DIST. BELAGAVI-591 238. … PETITIONER (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580 011, THROUGH KHADAKALAT PSI. 2. SMT. POOJA W/O DEEPAK PATIL, AGE. 37 YEARS, OCC. HOUSE WIFE, R/O. WALAKI, TQ. CHIKKODI, DIST. BELAGAVI-591 238. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO RELEASE THE PRESENT PETITIONER (ACCUSED-2) ON REGULAR BAIL IN KHADAKALAT P.S. CRIME NO.39/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 12 OF POCSO ACT 2012 AND SECTIONS 126(2), 74 R/W 3(5) OF BNS 2023 (EQUIVALENT SECTIONS 339, 354, 34 OF IPC) ON THE FILE OF THE COURT OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I, BELAGAVI, TO MEET THE ENDS OF JUSTICE. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10717 CRL.P No. 103069 of 2025 C/W CRL.P No. 103083 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 and 2 in Special Case No.483 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC I, Belagavi arising out of Crime No.39 of 2025 registered by Khadakalat Police Station, Belagavi District for offences punishable under Section 12 of the POCSO Act and Sections 126(2), 74 read with Section 3(5) of BNS, 2023, are before this Court in these two petitions filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.39 of 2025 was registered by Khadakalat Police Station, Belagavi District for the aforesaid offences against Shivaraj Babu Naik and another based on the first information dated 02.06.2025 received from respondent No.2, who is the mother of victim girl aged about 15 years 6 months. During the course of investigation, petitioners herein were arrested on 03.06.2025 and subsequently remanded to judicial custody. Their bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.738 - 4 - HC-KAR NC: 2025:KHC-D:10717 CRL.P No. 103069 of 2025 C/W CRL.P No. 103083 of 2025 of 2025 and Criminal Miscellaneous No.712/2025 were rejected on 24.07.2025. Therefore, they are before this Court. 4. Allegation in the first information against the accused is that on 01.06.2025 they followed the victim girl and accused No.1 allegedly pestered her to love him and also caught hold of her and pulled her. During the course of investigation, accused Nos.1 and 2 were arrested on 03.06.2025. Investigation of the case is completed and charge sheet has been filed against the petitioners for the aforesaid offences. The maximum punishment for the alleged offences is imprisonment for a period of five years. Petitioners aged about 19 years and 22 years respectively are in custody for the last more than two months. They do not have any criminal antecedent. Accordingly, the following: ORDER Criminal Petitions are allowed. Petitioners are directed to be enlarged in Special Case No.483 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC I, Belagavi arising out of Crime No.39 of 2025 registered by Khadakalat Police Station, Belagavi - 5 - HC-KAR NC: 2025:KHC-D:10717 CRL.P No. 103069 of 2025 C/W CRL.P No. 103083 of 2025 District for offences punishable under Section 12 of the POCSO Act and Sections 126(2), 74 read with Section 3(5) of BNS, 2023, subject to the following conditions: i. The petitioners – accused Nos.1 and 2 shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioners shall not involve in similar offences in future. v. The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 19