- 1 - HC-KAR NC: 2025:KHC-D:17030 CRL.A No. 100676 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100676 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: PUNEET S/O. HULUGAPPA, AGE. 21 YEARS, OCC. AUTO DRIVER, R/O. 27TH WARD, NEAR SARDAR MOULA MASZID, CHAPARADAHALLI, HOSAPETE, VIJAYANAGARA, DIST.583201. …APPELLANT (BY SRI. ANWAR BASHA B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH HOSPET EXTENTION P S VIJAYANAGARA) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001. 2. A. ISHWARA S/O. ANANDAPPA, AGE. 45 YEARS, OCC. OWNER OF OM TEA STALL, R/O. 27TH WARD, NEAR SARDAR MOULA MASZID, CHAPARADAHALLI, HOSAPETE, VIJAYANAGARA DIST.583201. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 1989, PRAYING TO, ALLOW THIS APPEAL AND SET AIDE THE ORDER DATED 15.10.2025 PASSED BY THE IST ADDL. DIST AND SESSIONS, F.T.S.C. JUDGE BALLARI AND GRANT BAIL IN CONNECTION WITH CRIME NO.57/2025 REGISTERED IN EXTENTION PS HOSAPETE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(1), OF BNS, 2023 AND 4(1), 5(1) AND 6 OF POCSO ACT 2012, SECTIONS 3(2), (V), 3(1), (W), SC/ST PA ACT 1989 SECTION 9 OF CHILD MARRIAGE ACT 2006 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17030 CRL.A No. 100676 of 2025 THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The appellant who is arrayed as accused No.1 is before this Court seeking for grant of regular bail in Crime No.57/2025 of respondent No.1/Police for the offence punishable under Sections 137(2) and 64(1) of the Bharatiya Nyaya Sanhita, 20231 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 20122 and Sections 3(1)(w) and 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 19893 and Section 9 of the Child Marriage Restraint Act. Brief facts of the case; 2. The case of the prosecution is that, the father of the victim lodges a complaint stating that on 08.09.2025 around about 6:30 AM, he had been to Tea shop. There he had received a phone call from his wife stating that his 1 For short ‘BNS, 2023’ 2 For short ‘POCSO Act’ 3 For short ‘SC and ST (POA) Act’ - 3 - HC-KAR NC: 2025:KHC-D:17030 CRL.A No. 100676 of 2025 daughter was found missing from the house. They searched the where about of the victim. However, they could not traced out. Therefore, they lodges a missing complaint. 3. On the basis of the said complaint, the respondent No.1/Police registered a case and conducting the investigation. During the investigation, it discloses that the appellant had kidnapped the victim and took her to different places and committed sexual assault on her. Thereafter, she was secured by the respondent No.1/Police. After securing the victim, her statement was recorded under Section 164 of Cr.P.C. Wherein she has revealed that, the appellant has committed sexual assault on her. The respondent No.1/Police after having conducted the investigation, submitted the charge-sheet. 4. Heard Sri.Anwar Basha B., learned counsel for the appellant and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1/State. - 4 - HC-KAR NC: 2025:KHC-D:17030 CRL.A No. 100676 of 2025 5. It is the submission of the learned counsel for the appellant that, the appellant is innocent of the alleged offences, he has been falsely implicated in the case. The victim is aged about 17 years and both were loving each other. They belong to the same locality. However, they are from different communities. In fact, the victim has voluntarily accompanied the appellant and married each other. However, no such sexual assault had taken place. 6. It is further submitted that the appellant is aged about 17 years and he is working as an Auto driver and he is the sole earning member of the family and he is the permanent resident of Chaparadahalli, Hosapete. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the appeal. 7. Per contra, the learned High Court Government Pleader for respondent No.1/State vehemently submitted that, the appellant has committed heinous offence against the minor girl. The appellant is the resident of the same - 5 - HC-KAR NC: 2025:KHC-D:17030 CRL.A No. 100676 of 2025 locality and he was aware about the age of the victim. Knowingly that she was minor, he has induced her and committed sexual assault on her. Therefore, it is not appropriate to grant bail to the appellant. Making such submissions, learned High Court Government Pleader prays to reject the appeal. 8. Having heard the learned counsel for the respective parties and perused the averments of the complaint, the statement of the victim would indicate that the appellant and the victim were loving each other since four years. Both have decided to marry each other and accordingly, it is stated that, she married him and thereafter, she was secured by the respondent No.1/Police. 9. In fact, the victim had filed statement of objections and requested the Trial Court to grant bail as she is interested to stay with the appellant. Having considered the facts and circumstances of the case, it is appropriate to grant bail by allowing the appeal. - 6 - HC-KAR NC: 2025:KHC-D:17030 CRL.A No. 100676 of 2025 10. Hence, I proceed to pass the following: ORDER (i) The appeal is allowed. (ii) The appellant is ordered to be enlarged on bail in Crime No.57/2025 of respondent No.1/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The appellant shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The appellant shall appear before the Trial Court on all hearing dates without fail. (c) The appellant shall not involve in any criminal cases till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:17030 CRL.A No. 100676 of 2025 In case, if the appellant violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 19