- 1 - HC-KAR NC: 2025:KHC-D:8294 CRL.P No. 102072 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102072 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: SHRI SHIVAKUMAR AGOLI S/O. HANUMANTHAPPA, AGE: 28 YEARS, OCC: AGRICULTURIST, R/O. ECHANAL VILLAGE, TQ. KANAKAGIRI, DIST. KOPPAL-583231. …PETITIONER (BY SHRI B. C. JNANAYYASWAMY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH KANAKAGIRI POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT: DHARWAD 580001. 2. SHRI YAMNURAPPA S/O. ADEPPA BHAVAIKATTI, AGE: 66 YEARS, OCC: AGRICUTURIST, R/O. ECHANAL VILLAGE, TQ. KANAKAGIRI, DIST. KOPPAL-583231. …RESPONDENTS (BY SHRI JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 SERVED) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (U/S. 482 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER’S/ACCUSED NO.1 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.138/2024 REGISTERED BEFORE KANAKAGIRI POLICE STATION FOR THE OFFENCES U/S.189(2), 191(2), 191(3), 115(2), 118(2), 352, 351, 190 OF BNS, 2023 AND SECTION 8 AND 12 OF POCSO ACT 2012, PENDING TRIAL OF THE CASE, 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:8294 CRL.P No. 102072 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.B.C.Jnanayyaswami, learned counsel for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for respondent No.1-State. 2. Respondent No.2 remained unrepresented. 3. Petitioner/accused No.1 has filed this petition under Section 438 of the Cr.P.C. / 482 of the Bharatiya Nagarika Surksha Sanhita, 2023 (for short, ‘the BNSS’) for grant of anticipatory bail in connection with Spl.S.C.No.(POCSO) No.07/2025 on the file of the learned Additional District and Sessions Judge, Koppal, (sitting at Gangavathi), for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(2), 352, 351, 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’) and Sections 8 and 12 of the Protection of Children from Sexual Offences Act (for short, ‘the POCSO Act) 2012. - 3 - HC-KAR NC: 2025:KHC-D:8294 CRL.P No. 102072 of 2025 4. The brief facts of the prosecution case are as under: 5. The first informant lodged a complaint with the respondent-Police alleging that on 23.09.2025, at about 7.45 a.m., CW.13, who was a victim, while returning to her house after attending a nature call, was called by petitioner/accused No.1. He behaved rudely, abused her in filthy language, and dragged her by holding her hands. However, she escaped from the spot. Hence, a panchayat was convened by the elders of Ambigeri village, choudayya Katte, in Echanal. On the same day, at about 8.45 a.m., the petitioner and other accused persons formed an unlawful assembly by holding objects, picked a quarrel with the family members of the first informant and abused them in filthy language. They also assaulted CW.1 by hitting him on the head with stones, and thereby caused injuries. Hence, first informant lodged a complaint. This led to the registration of an FIR and investigation. Apprehending arrest at the hands of respondent-Police, - 4 - HC-KAR NC: 2025:KHC-D:8294 CRL.P No. 102072 of 2025 petitioner/accused No.1 has preferred this petition for grant of anticipatory bail. 6. Learned counsel for the petitioner contended that the petitioner is innocent of the offences alleged and has not committed any offences either under the POCSO Act or the IPC. There exist a case and a counter case between the parties. Petitioner/accused No.1 had filed a complaint in Crime No.137/2024 of Kanakagiri Police Station. As a counterblast, the de facto complainant also filed a complaint, and the same is also registered in Crime No.138/2024 of Kanakagiri Police Station. Petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, it is prayed that bail be granted. 7. Learned High Court Government Pleader for respondent No.1-State contended that there is no prima facie allegation against petitioner/accused No.1. Petitioner who is involved in the commission of offences under Sections 8 and 12 of the POCSO, 2012 and he voluntarily - 5 - HC-KAR NC: 2025:KHC-D:8294 CRL.P No. 102072 of 2025 caused hurt to CW.5 by hitting him with stones on his head and thereby, caused severe injuries. If the petitioner is released on bail, there is a likelihood that he may flee away from the justice and also there are chances of tampering the prosecution witnesses and hamper the trial. Considering the nature and gravity of the offence, petitioner is not entitled for bail. Hence, prayed for dismissal of the bail petition. 8. Perused the material available on record. As per the charge sheet material available on record, and on the following day i.e., on 23.09.2025 at about 7.45 a.m., the accused misbehaved with the victim and outraged her modesty by pulling her hands. Therefore, she informed the said fact to the first informant, and thus, a panchayat was conveyed, where accused Nos.2 to 22 assaulted the family members of the first informant. Accused No.1 caused voluntary hurt to CW.5. 9. As per the medical report, the injury sustained by CW.5 is grievous in nature. However, he has already - 6 - HC-KAR NC: 2025:KHC-D:8294 CRL.P No. 102072 of 2025 been discharged from the hospital. Hence, it shows that CW.5 is out of danger. 10. From the perusal of the statement of the victim recorded under Section 164 of the Cr.P.C., she made an allegation against petitioner/accused No.1, alleging that petitioner misbehaved with her, pulled her hands, and touched her private parts. The alleged offences are not punishable with death or imprisonment for life. Petitioner is the permanent resident of the address furnished in the cause little. 11. Having regard to the facts and circumstances of the case and looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and antecedents of the petitioner, the likelihood of tampering with prosecution witnesses, petitioner is not entitled for grant of bail. Accordingly, this Court proceeds to pass the following: - 7 - HC-KAR NC: 2025:KHC-D:8294 CRL.P No. 102072 of 2025 ORDER i) The criminal petition is allowed. ii) The petitioner – accused No.1 shall be enlarged on bail on executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two local sureties for the likesum to the satisfaction of the jurisdictional Court/Trial Court. iii) The petitioner shall not tamper the prosecution witnesses in any manner. iv) The petitioner shall attend the Court regularly. 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. Ordered accordingly. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 29