- 1 - HC-KAR NC: 2025:KHC-D:11391 CRL.P No. 103229 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103229 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: ASHOK @ TALAVARA ASHOK S/O SURYAPPA TALAWAR AGE: 22 YEARS, OCC: PLUMBER, R/O WARD NO. 33, MYSANAKERI, HOSAPETE, DISTRICT-VIJAYANAGAR-583203. …PETITIONER (BY SRI SRINIVAS NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY SPP HIGH COURT OF KARNATAKA DHARWAD BENCH TRHOUGH HOSAPETE TOWN PS., DISTRICT VIJAYANAGAR-583203. 2. SAINATHA S/O LATE RAMAKRISHNA AGE: 59 YEARS, OCC: DRIVER, R/O WARD NO.33, A.C.ROAD MYSANKERI, HOSAPETE, DISTRICT-VIJAYANAGAR-583203. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R-1, NOTICE TO R-2 SERVED) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN SPECIAL CASE NO. 688/2025 ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 COURT, BALLARI, (IN CRIME NO. 65/2025 OF HOSAPETE TOWN POLICE STATION) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, UNDER SECTIONS 137(2), 64(2)(i), 87, 64(2)(m) OF BNS, AND UNDER SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2008. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11391 CRL.P No. 103229 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in Special Case No.688 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC – I, Ballari, arising out of Crime No.65 of 2025 registered by Hosapete Police Station, Vijayanagara District for offences punishable under Sections 137(2), 64(2)(i), 87, 64(2)(m) of BNS, 2023, Sections 4 and 6 of POCSO Act and Section 9 of the Prohibition of Child Marriage Act, is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.65 of 2025 registered by Hosapete Police Station, Vijayanagara District initially for offence punishable under Section 137(2) of BNS, 2023 against the petitioner based on the first information dated 01.05.2025 received from respondent No.2, who is the father of the victim girl, who was aged 17 years 8 months as on the date of registration of FIR. During the course of investigation, petitioner and victim girl were traced together on 01.05.2025 and brought - 3 - HC-KAR NC: 2025:KHC-D:11391 CRL.P No. 103229 of 2025 back to their village. The petitioner, who was arrested on 01.05.2025 was subsequently 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 Jurisdictional Sessions Court was rejected. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the victim girl, aged 17 years 8 months was found missing from her house on 29.04.2025. The victim girl who had gone to her college had not returned home and her mobile phone was found switched off. Therefore, her father had approached the Police on 01.05.2025. During the course of investigation, petitioner and the victim girl were traced together on 01.05.2025 at Huligi village. Thereafter, petitioner was arrested on the same day and remanded to judicial custody. Statement of the victim girl was recorded under Section 183 of BNSS, 2023 by the Jurisdictional Magistrate on 08.05.2025. Victim girl has stated that she was being pestered by petitioner to love her. On 29.04.2025 petitioner had asked her to come to Ukkadakeri and when the victim girl went there, petitioner took her in his - 4 - HC-KAR NC: 2025:KHC-D:11391 CRL.P No. 103229 of 2025 motorbike and they went to temple at Bannikoppa and got married. Thereafter, they went to Huligi and stayed there for two days. When she so stayed with the petitioner, he had sexual intercourse with her against her wishes. On 01.05.2025, Police came to the place where she was stayed with the petitioner at Huligi and brought them back. 5. From a reading of the aforesaid statement and also taking into consideration the other material available on record, it appears that petitioner and the victim girl were in love and she had accompanied him on 29.04.2025 and got married. Thereafter, they had stayed together at Huligi, from where the Police had brought them back. Investigation of the case is completed and charge sheet has been filed. Petitioner, aged 22 years, having no other criminal antecedent, is in custody for the last more than four months. 6. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner seeking regular bail needs to be answered affirmatively. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC-D:11391 CRL.P No. 103229 of 2025 ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in Special Case No.688 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC – I, Ballari, arising out of Crime No.65 of 2025 registered by Hosapete Police Station, Vijayanagara District for offences punishable under Sections 137(2), 64(2)(i), 87, 64(2)(m) of BNS, 2023, Sections 4 and 6 of POCSO Act and Section 9 of the Prohibition of Child Marriage 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; 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; - 6 - HC-KAR NC: 2025:KHC-D:11391 CRL.P No. 103229 of 2025 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:GSM List No.: 1 Sl No.: 19