- 1 - HC-KAR NC: 2025:KHC-D:11892 CRL.P No. 103343 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103343 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: BHEEMAPPA S/O RAMAPPA MOOLANGI, AGE. 24 YEARS, OCC. COOLIE, R/O. KADAKOLA VILLAGE, RAMDURGA TALUK, NOW R/O. AMEENAGADA VILLAGE, HUNUGUNDA TALUK, BAGALKOT DISTRICT-587 112. … PETITIONER (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (HANUMASAGAR P.S.) R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DAHRWAD-580 011. 2. RENAVVA @ RENUKA W/O GUNDAPPA LAMANI, AGE. 34 YEARS, OCC. COOLIE, R/O. HULAGERI, TQ. KUSHTAGI, DIST. KOPPAL, NOW AT: AMEENAGADA, TQ. HUNAGUND, DIST. BAGALKOT-587 112. … 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 ALLOW THIS PETITION, GRANT REGULAR BAIL TO PETITIONER/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(M) OF BNS, SECTION 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 IN SPL. SC POCSO NO.22/2025 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1, AT KOPPAL, IN SO FOR AS THE ACCUSED CONCERNED ONLY TO MEET THE ENDS 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:11892 CRL.P No. 103343 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) Accused in Special S.C. POCSO No.22 of 2025 pending before the Court of Additional District and Sessions Judge FTSC – 1, Koppal arising out of Crime No.29 of 2025 registered by Hanumasagar Police Station, Koppal District for offences punishable under Sections 137(2), 64(2)(m) of BNS, 2023, Section 6 of POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006, is before this Court under Section 483 of 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.29 of 2025 registered by Hanumasagar Police Station, Koppal District initially registered for offence punishable under Section 137(2) of BNS, 2023 against unknown persons based on the first information dated - 3 - HC-KAR NC: 2025:KHC-D:11892 CRL.P No. 103343 of 2025 03.03.2025 received from respondent No.2, who is the mother of the victim girl, who was aged 16 years 8 months as on the date of registration of FIR. During the course of investigation of the case, petitioner and the victim girl was traced together and the petitioner was arrested on 25.03.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. Bail application filed before the Trial Court in Special S.C. POCSO No.22 of 2025 was rejected on 22.07.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that victim girl was found missing from her house from 23.02.2025. Efforts made to trace her had failed and therefore, on 03.03.2025 her mother had approached the Police and based on his first information, FIR was registered initially for offence for offence punishable under Section 137(2) of BNS, 2023 against unknown persons. During the course of investigation, petitioner and the victim girl were traced together at Tarikeri Village and were brought back. Petitioner was arrested on 25.03.2025 and subsequently remanded to judicial custody. After completing - 4 - HC-KAR NC: 2025:KHC-D:11892 CRL.P No. 103343 of 2025 investigation, charge sheet has been filed against the petitioner for the aforesaid offences. The statement of the victim girl under Section 183 of BNSS, 2023 was recorded in the present case on 03.04.2025 by the Jurisdictional Magistrate. Victim girl has stated that she is aged 17 years and she is in love with the petitioner. Since her parents were preparing to perform her marriage with some other person, she had left her house and had been to her paternal uncle's house at Holageri Village. Petitioner, who came to his Paternal uncle’s house at Holageri Village, took her with him to Gajendragad Village and thereafter, they travelled to Badami and subsequently to Tarikeri Village and got married. Thereafter, they live together as husband and wife and had sexual intercourse. Subsequently, Police, who came to Tarikeri Village, brought her and the petitioner back to village. She has stated that she had voluntarily gone with the petitioner and nobody had kidnapped her. From the aforesaid statement of the victim girl, it appears that petitioner and the victim girl are in love. 5. Investigation of the case is completed and charge sheet has been filed. Petitioner, who is aged 24 years, has no - 5 - HC-KAR NC: 2025:KHC-D:11892 CRL.P No. 103343 of 2025 criminal antecedent and continued detention of the petitioner in jail with the hard code criminals, may have adverse impact on him. Considering the aforesaid aspect of the matter, I am of the opinion, prayer made by petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in Special S.C. POCSO No.22 of 2025 pending before the Court of Additional District and Sessions Judge FTSC – 1, Koppal arising out of Crime No.29 of 2025 registered by Hanumasagar Police Station, Koppal District for offences punishable under Sections 137(2), 64(2)(m) of BNS, 2023, Section 6 of POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006, 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; - 6 - HC-KAR NC: 2025:KHC-D:11892 CRL.P No. 103343 of 2025 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 RSH/ CT:BCK LIST NO.: 1 SL NO.: 29