- 1 - HC-KAR NC: 2025:KHC-D:7301 CRL.P No. 101705 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. 101705 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: SOYALSAB S/O. KASHIMSAB MELLALLI, AGE: 20 YEARS, OCC: COOLIE, R/O. KARAJAGI VILLAGE, TQ AND DIST. HAVERI, PIN-581112. …PETITIONER (BY SRI. SADIK KANVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY HAVERI RURAL PS, DIST. HAVERI, R/BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. PREMA W/O. MANJUNATH PAWAR, AGE: 35 YEARS, OCC: HOUSEHOLD, R/O. KARAJAGI VILLAGE, TQ AND DIST. HAVERI, PIN-581112. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE TO R2 SERVED) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.2 IN HAVERI RURAL PS CRIME NO.223/2024, PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE HAVERI, IN SPL. SC NO.19/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 3(5), 75, 78(2), 49 BNS, 2023 AND SECTION 17 OF THE POCSO ACT, 2012 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7301 CRL.P No. 101705 of 2025 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 439 of Cr.P.C, [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant bail in Spl. S.C.No.19/2025, pending on the file of learned Additional District and Sessions Judge, FTSC-I, Haveri in connection with Haveri Rural P.S. Crime No.223/2024 for the offences punishable under Sections 3(5), 75, 78(2), 49 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’) and Section 17 of the Protection of Children from Sexual Offences Act, 2012 [POCSO]. 3. As per the case of prosecution, accused No.1 and victim girl were in love. The victim girl is aged about 16 years as on the date of incident. On 30.12.2024 - 3 - HC-KAR NC: 2025:KHC-D:7301 CRL.P No. 101705 of 2025 accused No.1 eloped in the autorickshaw of accused No.2 bearing registration No.KA27/B-2944. Prior to 30.12.2024 accused No.1 alleged to have committed aggravated sexual assault over the victim. Hence, the first informant lodged the complaint. Thus, the Police registered the case against accused Nos.1 and 2 for the offences punishable under Sections 3(5), 75, 78(2), 49 of BNS, 2023 and Section 17 of the POCSO Act. 4. During the course of investigation, accused Nos.1 and 2 were arrested and in turn remanded to judicial custody and since then they are in the judicial custody. It is contended that the petitioner – accused No.2 is falsely implicated in this case. There is no direct or indirect circumstantial evidence against him. He has not committed any offence and he is innocent of the offences. Hence, the learned counsel for the petitioner prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:7301 CRL.P No. 101705 of 2025 5. Learned High Court Government Pleader filed the statement of objections contending that there is prima facie case against accused No.2. The victim is minor, aged about 16 years as on the date of the incident. If accused No.2 is released on bail, he may tamper the prosecution witnesses and hamper the trial. Hence, she prayed for dismissal of the petition. 6. Records reveal that the victim was minor at the time of commission of offence. As per statement of victim under Section 164 of Cr.P.C. recorded by the learned Magistrate, it appears that accused No.1 had repeatedly committed sexual assault on victim, knowing that victim is minor. A perusal of statement of victim recorded by the Investigating Officer, column No.10 of the FIR and column No.17 of the charge sheet, it reveals that accused No.2 provided a vehicle and assisted accused No.1 and he brought both accused No.1 and the victim from Karajagi. Except this allegation, there is no major accusation against accused No.2. The allegation made against accused No.1 - 5 - HC-KAR NC: 2025:KHC-D:7301 CRL.P No. 101705 of 2025 stands on different footing as against accused No.2. At this stage, there are no prima facie materials against accused No.2. Considering the nature and gravity of offences, position and status of accused with reference to the status of victim, it is a fit case to grant bail to petitioner – accused No.2. Hence, I pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Spl. S.C.No.19/2025, pending on the file of learned Additional District and Sessions Judge, FTSC-I, Haveri on executing a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. iii) The petitioner shall not tamper the prosecution witnesses in any manner. iv) The petitioner shall attend the Court regularly. - 6 - HC-KAR NC: 2025:KHC-D:7301 CRL.P No. 101705 of 2025 v) The petitioner shall not indulge in any similar offences. Violation of any of the above conditions, will entitle the prosecution to seek for cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE AM, RSH /CT-AN List No.: 1 Sl No.: 12