- 1 - HC-KAR NC: 2025:KHC-D:12342 CRL.P No. 103484 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103484 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MANJUNATH YERADAL S/O DURGAPPA YERADAL, AGE. 21 YEARS, OCC. LABOUR, R/O. WARD NO.5, BENNUR ROAD, NEAR ESHAPPA SHOP, BESIDE SIDDAPUR VILLAGE, TQ. KARATAGI, DIST. KOPPAL-583 229. … PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH KARATAGI POLICE STATION, GANGAVATI SUB-DIVISION, DIST. KOPPA-580 011. 2. SHALIM SAB S/O IMAMSAB JADUVALE, AGED ABOUT 60 YEARS, OCC. AGRICULTURE, R/O. WARD NO.8, YARADONA ROAD, SIDDAPURA VILLAGE, TQ. KARATAGI, DIST. KOPPAL-583 229. … 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 ENLARGE THE PETITIONER/ACCUSED NO.1 BY GRANTING REGULAR BAIL IN SPL. SC. POCSO NO.29/2024 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL, (SITTING AT GANGAVATHI), (CRIME NO.140/2024 OF KARATAGI POLICE STATION, GANGAVATHI SUB-DIVISION) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363, 376(2)(N) AND 343 OF IPC AND SECTIONS 4, 6, AND 12 OF POCSO ACT, 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:12342 CRL.P No. 103484 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in Special S.C. POCSO No.29 of 2024 pending before the Court of Additional District Judge, Koppal (sitting at Gangavathi), arising out of Crime No.140 of 2024 registered by Karatagi Police Station, Koppal, for offences punishable under Sections 363, 376(2)(n) and 343 of IPC and Sections 4, 6 and 12 of POCSO Act, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 is present in person before the Court. 3. FIR in Crime No.140 of 2024 was registered by Karatagi Police Station, Koppal, initially for offence punishable under Section 363 of IPC, against the petitioner herein, based on the first information dated 13.06.2024 received from respondent No.2, who is the father of the victim girl, who was aged about 17 years as on the date of registration of FIR. During the course of investigation, - 3 - HC-KAR NC: 2025:KHC-D:12342 CRL.P No. 103484 of 2025 petitioner and the victim girl were traced together. Petitioner was arrested on 22.06.2024 and remanded to judicial custody. After completing investigation, charge sheet was filed against him for the aforesaid offences. His bail application filed before the Trial Court was rejected and therefore, he had approached this Court in Criminal Petition No.100784 of 2025 which was dismissed as withdrawn with liberty to the petitioner to file a fresh petition after evidence of the victim girl was recorded before the Trial Court. Subsequently, petitioner had filed a fresh bail application before the Trial Court which was rejected on 07.08.2025. Therefore, he is before this Court in this successive bail application. 4. Perusal of the material on record would go to show that victim girl aged 17 years was found missing from her house on 12.06.2024. Since the efforts made by the father of the victim girl had failed, therefore, on the next day, he had approached the Police and based on his first - 4 - HC-KAR NC: 2025:KHC-D:12342 CRL.P No. 103484 of 2025 information, FIR was initially registered against unknown persons for offence punishable under Section 363 of IPC. 5. During the course of investigation, petitioner and the victim girl were traced together at Bengaluru. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. Perusal of the statement of the victim girl recorded under Section 183 of BNSS, 2023 by the Jurisdictional Magistrate would go to show that she has not made any allegation against the petitioner about he committing any kind of sexual assault on her while she was with him at Bengaluru. 6. Petitioner’s earlier bail application filed before this Court was dismissed as withdrawn with liberty to file a fresh petition after evidence of the victim girl was completed before the Trial Court. Victim girl has been now examined completely before the Trial Court as PW1. Therefore, there cannot be any apprehension that petitioner may tamper with the material prosecution witnesses. - 5 - HC-KAR NC: 2025:KHC-D:12342 CRL.P No. 103484 of 2025 Petitioner aged about 21 years, having no criminal antecedent, is in custody for the last more than one year. Respondent No.2, who is present in person before the Court has stated that he has no objection to allow petition. Considering the aforesaid aspects of the matter, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in Special S.C. POCSO No.29 of 2024 pending before the Court of Additional District Judge, Koppal (sitting at Gangavathi), arising out of Crime No.140 of 2024 registered by Karatagi Police Station, Koppal, for offences punishable under Sections 363, 376(2)(n) and 343 of IPC and Sections 4, 6 and 12 of POCSO Act, subject to the following conditions: i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC-D:12342 CRL.P No. 103484 of 2025 ii. 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; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future; v. 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 RSH CT:BCK LIST NO.: 1 SL NO.: 20