- 1 - HC-KAR NC: 2025:KHC-D:12126 CRL.P No. 103408 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103408 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MR. NABISAB S/O MABUSAB PINJAR, AGE. 24 YEARS, OCC. DRIVER, R/O. SIRAGUMPI VILLAGE-583 231, TQ. KUSHTAGI, DIST. KOPPAL. … PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KUSHTAGI POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SMT. HANUMAVVA W/O RAMANNA BAJENTRI, AGE. 40 YEARS, OCC. LABOURER, R/O. SIRAGUMPI VILLAGE-583 231, TQ. KUSHTAGI, DIST. KOPPAL. ALSO AT: HIREVANKALKUNTA, TQ. YELBUGA, DIST. KOPPAL-583 231. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED IN CRIME NO.208/2024 REGISTERED WITH KUSHTAGI AND PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-1 KOPPAL IN SPC. SC. POCSO NO.17/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64 OF BNS AND SECTIONS 4, 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT-2012 AND SECTION 3(2)(V-A) OF SC AND ST ACT-1989, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12126 CRL.P No. 103408 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 Special S.C. POCSO No.17 of 2025 pending before the Court of Additional District and Sessions Judge and FTSC-I, Koppal, arising out of Crime No.208 of 2024 registered by Kushtagi Police Station, Kushtagi Circle, Koppal District, for the offences punishable under Sections 137(2), 64 of the BNS, 2023, Sections 4, 6 of the POCSO Act, 2012 and Section 3(2)(v-a) of the SC and ST (POA) Act, 1989, is before this Court under Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.208 of 2024 was registered by Kushtagi Police Station, Koppal District initially for the - 3 - HC-KAR NC: 2025:KHC-D:12126 CRL.P No. 103408 of 2025 offence punishable under Section 137(2) of the BNSS, 2023 against the petitioner herein based on the first information dated 16.11.2024, received from respondent No.2, who is the mother of the victim girl, who was aged about 17 years 1 month as on the date of registration of the FIR. During the course of investigation, the petitioner and the victim girl were traced together and the petitioner was arrested on 24.02.2025 and 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 trial Court was rejected and therefore, he is before this Court. 4. Perusal of the material on record would go to show that the victim girl, aged about 17 years 1 month was found missing from her house on 13.11.2024 and the efforts made to trace her had failed. Therefore on 16.11.2024, her mother had approached the Police and submitted first information, based on which, FIR in Crime No.208 of 2024 was registered by Kushtagi Police Station - 4 - HC-KAR NC: 2025:KHC-D:12126 CRL.P No. 103408 of 2025 against the petitioner initially for the offence punishable under Section 137(2) of the BNSS, 2023. During the course of investigation, the petitioner and the victim were traced together at Anekal Taluka in Bengaluru Rural District, and were brought back to their village. The petitioner was arrested on 24.02.2025 and ever since then he is in judicial custody. The statement of the victim girl under Section 183 of the BNSS, 2023 was recorded in the present case by the jurisdictional Magistrate on 27.02.2025. In the said statement, the victim girl aged 17 years 4 months has stated that the petitioner had kidnapped her and taken her to Bengaluru, and they stayed together in a shed at Anekal and thereafter they returned to their village. Her mother had given a complaint and therefore, the petitioner had brought her back. Except the aforesaid, she has not made any allegation against the petitioner about he committing any kind of sexual assault on her, when she was with him at Aanekal at Bangaluru Rural District - 5 - HC-KAR NC: 2025:KHC-D:12126 CRL.P No. 103408 of 2025 5. The victim girl was subsequently examined as PW1 before the trial Court on 12.08.2025. During the course of deposition, the victim girl has stated that she and the petitioner are in love for the last about three years. Her parents had decided to perform her marriage with her maternal uncle and this was informed by her to the petitioner, who came near her house and took her to Bengaluru. She has stated that she stayed with the petitioner in a shed at Anekal for a period of 8 days and since her mother had filed a complaint, she and the petitioner had returned to their village and thereafter they were taken to the Police Station. 6. During the course of her examination-in-chief, she has not made any allegation against the petitioner about he committing any kind of sexual assault on her. The victim girl was therefore treated as a hostile witness and cross-examined by the Public Prosecutor. The victim girl has been completely examined before the trial Court and therefore there cannot be any apprehension that petitioner - 6 - HC-KAR NC: 2025:KHC-D:12126 CRL.P No. 103408 of 2025 may tamper with the material prosecution witness. The petitioner aged about 24 years is in custody for the last more than six months and he has no other criminal antecedents. Perusal of the material on record would go to show that the petitioner and the victim girl were in love, which she has stated during the course of her deposition. 7. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail is to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner - accused is directed to be enlarged on bail in Special S.C. POCSO No.17 of 2025 pending before the Court of Additional District and Sessions Judge and FTSC-I, Koppal, arising out of Crime No.208 of 2024 registered by Kushtagi Police Station, Kushtagi Circle, Koppal District, for the offences punishable under Sections 137(2), 64 of the BNS, 2023, Sections 4, 6 of the POCSO Act, 2012 and Section - 7 - HC-KAR NC: 2025:KHC-D:12126 CRL.P No. 103408 of 2025 3(2)(v-a) of the SC and ST (POA) Act, 1989, 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. (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 VNP / CT:BCK LIST NO.: 1 SL NO.: 23