- 1 - HC-KAR NC: 2025:KHC-D:10298 CRL.P No. 102223 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102223 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: TIPPANNA S/O FAKKIRAPPA MADAR, AGE. 55 YEARS, OCC. GOVERNMENT TEACHER, R/O. BASAVESHWAR NAGAR, NAVALGUND-582 208, DIST. DHARWAD. … PETITIONER (BY SRI. RAJA RAGHAVENDRA NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH NAVALAGUND POLICE STATION, NAVALAGUND, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. ANAND MENASINAKAYI S/O RUDRAPPA, AGE. 59 YEARS, OCC. GOVERNMENT TEACHER, R/O. MALLASAMUDRA, GADAG, DIST. GADAG. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10298 CRL.P No. 102223 of 2025 3. SHASHIKALA W/O DYAMANAGOUDA, AGE. 44 YEARS, OCC. HOUSEHOLD, R/O. NEERAVARI COLONY, NAVALGUND, TQ. NAVALGUND, DIST. GADAG-582 208. 4. KHAJABEE W/O MAHAMADRAFIQ, AGE. 30 YEARS, OCC. LABOURER, R/O. GULLED PLOT, NAVALGUND, TQ. NAVALGUND, DIST. GADAG-582 208. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED; R3 AND R4-HELD SUFFICIENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN SPL. SC NO.27/2025 (CRIME NO.02/2025 REGISTERED BY THE NAVALAGUND P.S.) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 127(2), 351(2), 351(3), 75 OF THE BNSS AND UNDER SECTION 10 OF THE POCSO ACT PENDING ON THE FILE OF LEARNED IIND ADDITIONAL DISTRICT AND SESSIONS JUDGE DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER THE P.O.C.S.O. ACT, S.C. AND S.T.(P.O.A.) ACT, IN THE IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10298 CRL.P No. 102223 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Special S.C.No.27/2025 pending before the Court of II Additional District and Sessions Judge, Dharwad and Special Court for Trial of the Offences under the P.O.C.S.O. Act and S.C. & S.T. (POA) Act, arising out of Crime No.2 of 2025 registered by Navalagund Police Station, Dharwad for offences punishable under Sections 127(2), 351(2), 351(3), 75 of BNS 2023 and Section 10 of the Protection of Children from Sexual Offences Act, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.2 of 2025 was registered by Navalagund Police Station, Dharwad, for the aforesaid offences against the petitioner based on the first information dated 08.01.2025 received from respondent No.2, who is the Headmaster of the School, in which the - 4 - HC-KAR NC: 2025:KHC-D:10298 CRL.P No. 102223 of 2025 petitioner is a teacher. During the course of investigation, petitioner was arrested on 13.01.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the trial Court was rejected on 19.04.2025. Therefore, he is before this Court. 4. In the first information submitted by the Headmaster of the School, it is alleged that the petitioner who was working as a teacher in the School, had taken the victim girls aged about 6 years 9 months and 10 years 7 months to a classroom and inside the classroom, he had threatened the victim girls showing a knife and had touched their body parts inappropriately. Petitioner, who is a teacher in the School, has been arrested in the present case on 13.01.2025. Investigation of the case is completed and charge has been filed. Maximum punishment for the alleged offences is imprisonment for a period of 7 years. Petitioner, who is a married man, aged about 56 years, is - 5 - HC-KAR NC: 2025:KHC-D:10298 CRL.P No. 102223 of 2025 in custody for last more than 8 months. He is said to be the sole breadwinner of his family. Trial in the case is yet to commence. It is trite that accused cannot be detained in custody as a punitive or preventive measure. Undisputedly petitioner has no criminal antecedent and he has served blemishless as a teacher for more than 3 decades. Under the circumstances, I am of the opinion that his prayer for grant of regular bail is to be answered in the affirmative. Accordingly, the following: ORDER a. Criminal Petition is allowed. b. The petitioner is directed to be enlarged on bail in Special S.C.No.27/2025 pending before the Court of II Additional District and Sessions Judge, Dharwad and Special Court for Trial of the Offences under the P.O.C.S.O. Act and S.C. & S.T. (POA) Act, arising out of Crime No.2 of 2025 registered by Navalagund Police Station, Dharwad for offences punishable under - 6 - HC-KAR NC: 2025:KHC-D:10298 CRL.P No. 102223 of 2025 Sections 127(2), 351(2), 351(3), 75 of BNS 2023 and Section 10 of the Protection of Children from Sexual Offences Act, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. 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; 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future; 5. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the - 7 - HC-KAR NC: 2025:KHC-D:10298 CRL.P No. 102223 of 2025 case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 18