- 1 - HC-KAR NC: 2025:KHC-D:7314 CRL.P No. 101969 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. 101969 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: SAHIL BEPARI S/O. SAIYAD BEPARI, AGE: 21 YEARS, OCC: FRUIT VENDING BUSINESS, R/O. PEARL LAYOUT, NEAR MIDMACK HOUSE, HUBBALLI-580021. …PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH KESHWAPURA P.S, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD 580001. 2. MANUNATHA S/O. SHEKHAPPA YOGAPPANAVAR, AGE: 51 YEARS, OCC: BUSINESS, R/O. SHANTHI NAGAR, VINAY COLONY 36, KESHWAPURA, HUBBALLI-580021. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 SERVED) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN (CRIME NO.59/2025 REGISTERED IN KESHWAPURA P.S PUNISHABLE U/S. 8 AND 12 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, 115(2), 351(2)(3), 352, 74, 78 OF BNS PENDING TRIAL OF THE CASE, BEFORE THE IIND ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD IN THE INTEREST OF JUSTICE. 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:7314 CRL.P No. 101969 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent No.1-State. 2. Respondent No.2 served with notice but remained absent. 3. The petitioner has filed this petition under Section 439 of Criminal procedure Code (for short, ‘the Cr.P.C.’), praying to grant him bail in Crime No.59/2025 registered by the respondent-Police for the offences punishable under Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and Sections 115(2), 351(2)(3), 352, 74 and 78 of Bharatiya Nyaya Sanhita Act, 2023 (for short 'the BNS Act'). - 3 - HC-KAR NC: 2025:KHC-D:7314 CRL.P No. 101969 of 2025 4. The brief facts of the prosecution case are as under: On 12.04.2025 at about 7.00 p.m., victim had been to Hanuman Temple at Nagashettikoppa. After performing pooja, when she was returning home along with one of the friend Akshat, accused followed her on motorcycle and at that time at about 8.45 p.m., when she came near Nakshatravana Garden, Hubbali, petitioner came in his motorcycle prevented the victim, abused her in filthy language, intentionally insulted her to provoke her breach of peace and insisted her to love him and perform marriage with him or else he would eliminate her and thereby he outraged her modesty by pulling her veil and also voluntarily caused hurt. At the same time, one Akshat came to rescue the victim, in turn, the petitioner made criminal intimidation to eliminate him and he fed away. Thus, she lodged a complaint. Hence, case has been registered for the aforesaid offences. - 4 - HC-KAR NC: 2025:KHC-D:7314 CRL.P No. 101969 of 2025 5. During the course of investigation, petitioner was arrested on 14.04.2025 and in turn, he remanded to judicial custody. 6. The learned counsel for the petitioner contended that the petitioner is innocent, he has not committed any offence as alleged by the prosecution; he is a merchant by selling fruits and he is ready to abide by any conditions that may be imposed by this Court. Thus, he prayed for grant of bail. 7. Per contra, the learned High Court Government Pleader contended that, there is prima facie material against accused to show his involvement in the alleged offence. If he is released on bail, he may threaten the complainant and would hamper the investigation as well as the trial. Thus, she prayed to reject the bail petition. 8. On perusal of the material available on record including the first information and column No.10 of the FIR it reveals that on 12.04.2025 when the victim was - 5 - HC-KAR NC: 2025:KHC-D:7314 CRL.P No. 101969 of 2025 accompanied with one Akshat, this petitioner came and restrained her and insisted her to love and also to perform marriage with him or else he would eliminate her. Further he outraged her modesty in public place i.e., near Nakshatravana Garden Hubbali by pulling her veil. Except these allegations, there are no serious allegations against the petitioner alleging any sexual assault on her. 9. The counsel for petitioner contended that petitioner is a fruit merchant, if he is languished in jail, his future would be spoiled as well as his entire family is dependent on earnings of the petitioner. 10. It is well established principle of law that while considering the bail application, the Court has to consider the nature of offence, circumstances in which the offence is committed, position and the status of the petitioner, likelihood of accused fleeing away from justice, tampering of witnesses, character and antecedent of the accused. Further, the law is well settled that, while disposing off the bail petitions, the Court need not scan the prosecution - 6 - HC-KAR NC: 2025:KHC-D:7314 CRL.P No. 101969 of 2025 papers and hold a mini trial. Keeping these factors in mind and on careful perusal of the entire material placed on record, this Court is of the opinion that the petitioner is entitled to grant of bail. Accordingly, this Court pass the following: ORDER The petition filed under Section 439 of Cr.P.C. is allowed. The petitioner is ordered to be enlarged on bail in Crime No.59/2025 of respondent - Police Station on his executing a personal bond in a sum of Rs.2,00,000/- with a surety for the likesum to the satisfaction jurisdictional Court, subject to the following conditions: i. Petitioner shall not tamper the prosecution witnesses and threaten the complainant. ii. He shall mark his attendance on 1st Sunday of every month in between 10:00 a.m. to 05:00 - 7 - HC-KAR NC: 2025:KHC-D:7314 CRL.P No. 101969 of 2025 p.m., for a period of 6 [six] months or till filing of final report, whichever is earlier. iii. He shall appear before the Jurisdictional Court regularly without fail. iv. He shall not commit similar offences. Violation of any of these conditions would entail for cancellation of bail. Ordered accordingly. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 22