- 1 - HC-KAR NC: 2025:KHC-D:10849 CRL.P No. 102895 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102895 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: PARASHURAMA P. S/O. RAMAPPA, AGE. 23 YEARS, OCC. LABOURER, R/O. KALAPURA VILLAGE, KOTTUR TALUK, VIJAYANAGARA DISTRICT-583 134. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH KOTTUR P.S. VIJAYANAGARA), R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580 001. 2. HULUGAPPA S/O. CHANDRAPPA, AGE. 40 YEARS, OCC. AGRICULTURIST, R/O. KALAPURA VILLAGE, KOTTUR TALUK, VIJAYANAGARA DISTRICT-583 134, (FATHER OF THE VICTIM). … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. HANUMESH M. DESAI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL. CASE NO.673/2025 IN CONNECTION WITH (CRIME NO.96/2025 REGISTERED IN KOTTUR PS VIJAYANAGARA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 329(4), 78(2), 65(1), OF BNS AND 4, (2) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 PENDING TRIAL OF THE CASE, BEFORE THE IST ADDL. DIST AND SESSIONS, F.T.S.C-I JUDGE BALLARI, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10849 CRL.P No. 102895 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Spl.C.No.673 of 2025 pending before the Court of Addl. District & Sessions Judge, FTSC-I, Ballari arising out of Crime No.96 of 2025 registered by Kottur P.S., Vijayanagara District for the offences punishable under Sections 329(4), 78(2), 65(1) of the BNS, 2023 and Sections 4(2) and 6 of the Protection of Children from Sexual Offences Act, 2012 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.96/2025 was registered by Kottur P.S., Vijayanagara District for the aforesaid offences against the petitioner herein based on the first information dated 27.04.2025 received from the victim girl aged about 15 - 3 - HC-KAR NC: 2025:KHC-D:10849 CRL.P No. 102895 of 2025 years 7 months. During the course of investigation, petitioner was arrested on 28.04.2025. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.673 of 2025 was rejected on 21.06.2025. Therefore, he is before this Court. 4. In the first information which is submitted by the victim girl aged about 15 years 7 months, she has stated that she is acquainted to the petitioner for the last about one year. He was pressuring her to love him and he also had assured to marry her. 5. On 06.04.2025 at about 11:50 p.m. when she and her younger brother were sleeping in the house, the petitioner came inside the house and had sexual intercourse with her against her wishes and promised to marry her. She has further stated that on 16.04.2025 at about 11:30 p.m. when she was returning from a marriage, on the way, the petitioner took her into a dilapidated house and had sexual intercourse with her inside the said house against her - 4 - HC-KAR NC: 2025:KHC-D:10849 CRL.P No. 102895 of 2025 wishes. She has further stated that on 26.04.2025 at about 12:00 in the noon when she was alone in the house, the petitioner came inside the house and at the same time her father also came towards the house and after seeing her father, the petitioner ran away. When her father enquired with her, she informed him about the act committed by the petitioner and it is under these circumstances, FIR was registered against the petitioner for the aforesaid offences. 6. The statement of the victim girl under Section 183 of the BNSS, 2023 was recorded by the jurisdictional Magistrate, during the course of investigation. Even in the said statement, the victim girl has reiterated the averments found in the first information. In the medical records of the victim girl and also in the forensic science laboratory report, there is nothing which is suggestive of forcible sexual intercourse by the petitioner, as alleged. The investigation of the case is completed and charge sheet has been filed. The petitioner aged about 23 years, who has no other criminal antecedents is in custody for the last four months. - 5 - HC-KAR NC: 2025:KHC-D:10849 CRL.P No. 102895 of 2025 The victim girl had not made any complaint against the petitioner earlier and it is only after her father saw the petitioner with the victim girl, she had allegedly revealed about the act committed by him. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits or demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner – accused No.1 is directed to be enlarged on bail in Spl. C. No.673 of 2025 pending before the Addl. District & Sessions Judge, FTSC-I, Ballari arising out of Crime No.96 of 2025 registered by Kottur P.S., Kottur Circle, Vijayanagara District for the offences punishable under Sections 329(4), 78(2), 65(1) of the BNS, 2023 and Sections 4(2) and 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: (i) The petitioner – accused No.1 shall execute personal bond for a sum of Rs.1,00,000/- with - 6 - HC-KAR NC: 2025:KHC-D:10849 CRL.P No. 102895 of 2025 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. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB & VNP / CT:BCK LIST NO.: 1 SL NO.: 27