- 1 - HC-KAR NC: 2025:KHC-D:11602 CRL.P No. 103231 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103231 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MR. SAIFULLA K. S/O CHANDASAB, AGE. 23 YEARS, OCC. MASON, R/O. HAMPASAGARA-2 VILLAGE, TQ. H.B. HALLI-583 231, DIST. VIJAYANAGAR. … PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY T.B. HALLI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. XXX … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-HELD SUFFICIENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED IN CRIME NO.75/2024 REGISTERED WITH T.B. HALLI P.S. (TAMBRALLI PS) AND PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-1 BALLARI IN SPL. C. NO.45/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 87, 64(2)(M) OF BNS AND SECTIONS 4(1) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT-2012 AND SECTIONS 3(1)(W)(I), 3(2)(V) OF SC/ST (POA) ACT-1989, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11602 CRL.P No. 103231 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Spl. Case No.45/2025 pending before the Court of Addl. District & Sessions Judge, FTSC-1, Ballari, arising out of Crime No.75/2024 registered by T.B.Halli Police Station, Vijayanagara, for the offences punishable under Sections 137(2), 87, 64(2)(m) of BNS, 2023, Sections 4(1) & 6 of the POCSO Act, and Section 3(1)(w)(i), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989, is before this Court under Section 483 of BNSS, 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.75/2024 was registered by T.B.Halli Police Station, against the petitioner herein for the aforesaid offences based on first information dated 30.11.2024, received from respondent no.2 who is the mother of the victim girl aged about 17 years as on the date of registration of the FIR. During the - 3 - HC-KAR NC: 2025:KHC-D:11602 CRL.P No. 103231 of 2025 course of investigation, petitioner and the victim girl were traced together and the petitioner was arrested on 01.12.2024 and was subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court was rejected. Therefore, petitioner is before this Court. 4. Perusal of the material on record would go to show that in the first information which is submitted by the mother of the victim girl, she has stated that on 29.11.2024, when she and her husband had gone out for work, petitioner who had come to their house had taken their minor daughter along with him in his motor cycle. Efforts made to trace her had failed, and therefore, she had approached the police. 5. During the course of investigation, petitioner and the victim girl were traced together. The statement of victim girl under Section 164 Cr.PC was recorded in the present case by the jurisdictional Magistrate on 10.12.2024. The victim girl has stated that she and the petitioner are acquainted to each other and they are in love. On 29.11.2024, she had gone along with - 4 - HC-KAR NC: 2025:KHC-D:11602 CRL.P No. 103231 of 2025 the petitioner and had stayed in the school premises at Ittagi village. The next day Police came there and brought them back. Except the said statement, she has not made any allegation against the petitioner. Petitioner, aged about 23 years who has no criminal antecedents, is in custody from 01.12.2024. Under the circumstances, I am of the opinion that petitioner’s prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl. Case No.45/2025 pending before the Court of Addl. District & Sessions Judge, FTSC-1, Ballari, arising out of Crime No.75/2024 registered by T.B.Halli Police Station, Vijayanagara, for the offences punishable under Sections 137(2), 87, 64(2)(m) of BNS, 2023, Sections 4(1) & 6 of the POCSO Act, and Section 3(1)(w)(i), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2025:KHC-D:11602 CRL.P No. 103231 of 2025 b) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 22