- 1 - HC-KAR NC: 2025:KHC-D:17744 CRL.P No. 104790 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104790 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: REHAN BAWAJI (AS PER FIR) RIYAN S/O. GOUSUSAB @ MAHAMMADGOUSE BUVAJI (AS PER AADHAR CARD) AGE. 23 YEARS, OCC. DRIVER, R/O. ASAR ONI, SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG, PIN-582120. …PETITIONER (BY SRI. ANAND R.KOLLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH SHIRAHATTI POLICE STATION, GADAG, PIN-582120. 2. SMT. MIYAJEBI NAGARI W/O. ALLABAKSHA, AGE. 34 YEARS, OCC. CHILD CARE, R/O. NANDU HOTEL, MEICES, GOA, GOA, PIN-403001. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. SANTOSH NARAGUND, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION IN CONNECTION WITH CRIME NO.088/2025 REGISTERED BY THE SHIRAHATTI POLICE STATION PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE, GADAG SC. POCSO NO.83/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 65(1) OF BNS ACT-2023 R/W SECTION 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17744 CRL.P No. 104790 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.88/2025 of respondent No.2-Police for the offences under Section 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8 and 12 of the Protection of Children From Sexual Offences Act, 2012. Brief facts of the case: 2. The case of the prosecution is that, a complaint came to be registered by the victim stating that she was aged about 15 years and a resident of Goa. She was staying along with her mother and younger brother at the said Goa address. She has recently completed 10th Std in Karnataka and she was intending to go to Goa for 11th Std. Accordingly, on 07.04.2025 she went to Goa to pursue her studies. On 12.05.2025, the victim was taken to hospital for medical check-up as she had been experiencing irregular - 3 - HC-KAR NC: 2025:KHC-D:17744 CRL.P No. 104790 of 2025 menstrual periods. After examination, it was declared that she was pregnant. 3. It is further stated that, the petitioner who is the resident of Shirahatti, Karnataka got acquainted with her since July, 2024. The petitioner earlier was a friend of Alia who is also a common friend of the victim. Both had developed intimacy through Instagram. The victim has expressed that she would go to Goa for her further studies. However, the petitioner had invited her to his native Shirahatti. On his request, she went to Shirahatti. Thereafter, he had committed sexual assault on her. Consequently, she became pregnant. 4. Based on the information, the respondent No.2 lodged a complaint at Goa. However, it was transferred to jurisdictional police and thereafter, a case came to be registered against the petitioner for the offences stated supra. - 4 - HC-KAR NC: 2025:KHC-D:17744 CRL.P No. 104790 of 2025 5. Heard Sri.Anand R.Kolli, learned counsel for the petitioner, Sri.Jairam Siddi, learned High Court Government Pleader for respondent No.1-State and Sri.Santosh Naragund, learned counsel for respondent No.2. 6. The submission of the learned counsel for the petitioner is that, the petitioner though got acquainted with the victim through Instagram, no such incident had taken place till the victim had proceeded with him. In fact, the victim has voluntarily approached the petitioner to have physical relationship with her. However, the actual age of the victim was not known to the petitioner. 7. It is further submitted that, the victim is now ready for marriage and she intends to marry the petitioner. Hence, the petitioner may be enlarged on bail by imposing suitable conditions that may take care of the apprehension of the prosecution. Making such submissions, he prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:17744 CRL.P No. 104790 of 2025 8. Per contra, the learned counsel for respondent No.2 submitted that, the victim had informed the learned counsel for the respondent No.2 that she has intended to marry the petitioner. The learned counsel for the petitioner says no objection to allow the petition. 9. Similarly, the learned High Court Government Pleader for respondent No.1-State opposed the bail petition filed by the petitioner and prays this Court to reject the petition. 10. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it is stated that the victim had completed her 10th Std and she wanted to join 11th Std at Goa. In the meantime, she got acquainted with the petitioner and it is stated that the petitioner had assaulted her sexually on the pretext of marriage. 11. Be that as it may. The victim is present before this Court. She has expressed her willingness to marry the - 6 - HC-KAR NC: 2025:KHC-D:17744 CRL.P No. 104790 of 2025 petitioner and requested the Court to grant him bail stating that suitable directions may be issued to the petitioner. 12. Having considered the facts and circumstances of the case, I am of the considered opinion that the petitioner may be enlarged on bail by imposing suitable conditions, that may take care of the apprehension of the prosecution. 13. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.88/2025 of respondent No.2-Police for the offences under Section 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8 and 12 of the Protection of Children From Sexual Offences Act, 2012, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2025:KHC-D:17744 CRL.P No. 104790 of 2025 (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner 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 RH/CT: UMD List No.: 2 Sl No.: 56