- 1 - HC-KAR NC: 2025:KHC-D:15496 CRL.P No. 103125 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103125 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: VEERAKRISHNA @ KRISHNA S/O. LATE IRANNA, AGE: 26 YEARS, OCC. COOLIE, R/O. WARD NO.31, 2ND CROSS, INDIRANAGAR, 1ST CROSS, NEAR DR. AMBEDKAR SCHOOL, BALLARI-583101. …PETITIONER (BY SRI. L.S. SULLAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BALLARI WOMEN PS, REP. BY HGP, DHARWAD BENCH. 2. SMT. SHEKAN B W/O. MOHAMMADALI, AGE: 40 YEARS, OCC. TAILOR, R/O. M.K. NAGAR, 1ST CROSS, NEAR AMBEDKAR SCHOOL, BALLARI-583101. 3. X (VICTIM) R/O. WARD NO.31, M.K.NAGAR, 1ST CROSS, KOLAGAL ROAD, BALLARI-583101. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SMT. SHAILA BELLIKATTI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, PRAYING TO, ENLARGE THE ABOVE SAID PETITIONER/ACCUSED ON REGULAR BAIL IN SPL.CASE NO.552/2025 ARISING FROM CRIME NO.77/2022 OF BALLARI WOMEN P.S. UNDER SECTIONS 363, 376(2) (N) OF IPC AND SECTION 4 AND 6 OF POCSO ACT-2012 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC-I, BALLARI AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15496 CRL.P No. 103125 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.77/2022 of respondent No.1/Police for the offence punishable under Sections 363 and 376(2)(n) of Indian Penal Code, 18601 and Sections 4 and 6 of Protection of Children From Sexual Offences Act, 20122. Brief facts of the case; 2. The case of the prosecution is that, the mother of the victim has lodged a missing complaint, stating that her elder daughter was found missing from her house since 04.05.2022. The respondent No.1/Police have registered a case in Crime No.77/2022 and started investigation. During investigation, it is stated that, on 25.06.2022, the victim was traced in the Railway Station at Ballary. The facts of 1 For short ‘IPC’ 2 For short ‘POCSO Act’ - 3 - HC-KAR NC: 2025:KHC-D:15496 CRL.P No. 103125 of 2025 the case has been unfolded on tracing the victim. As per the version of the victim, the petitioner is the neighbour of the victim, and he used to follow her whenever she was going to college and insisting her to love him. The said proposal was refused by the victim. However, the petitioner was not allowing her to go to college. 3. On 04.05.2022, when she had been to shop near her house, it is alleged that she has been kidnapped in the Auto-Rikshaw and took her to Hyderabad. In Hyderabad, the victim was kept in a rented house. It is further stated that, she was sexually assaulted on several occasions, in Hyderabad. 4. It is further stated that, on 25.06.2022, the victim had sustained injuries in the road accident, thereafter, the petitioner brought her back to Ballary railway station and left her in the said station and went away. - 4 - HC-KAR NC: 2025:KHC-D:15496 CRL.P No. 103125 of 2025 5. Based on the said information, the Police conducted investigation and submitted the charge-sheet. 6. Heard Sri.L.S.Sullad, learned counsel for the petitioner, Sri.Praveen Y. Devareddi, learned High Court Government Pleader for respondent No.1-State and Smt.Shaila Bellikatti, learned counsel for respondent No.2. 7. The submission of learned counsel for the petitioner is that, though, it is stated that the age of the victim is 17 years and four months, the victim did not disclose her actual age at the time of accompanying the petitioner. In fact, the victim has voluntarily accompanied the petitioner and stayed with him at Hyderabad. It is further stated that, both the petitioner and victim married each other and residing together. 8. It is further submitted that since the victim had sustained injury in the accident and she wanted to talk with her mother, the petitioner had dropped her at Ballary railway station. In fact, the petitioner wanted to take her - 5 - HC-KAR NC: 2025:KHC-D:15496 CRL.P No. 103125 of 2025 back after she attaining majority. However, a complaint was lodged. Therefore, he was absconding due to fear of the case. 9. It is further stated that the petitioner is the permanent resident of Indiranagar, Ballary and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 10. Per contra, learned counsel Smt.Shaila Bellikatti representing the respondent No.2 vehemently submitted that, the petitioner was knowingly well that the victim is a minor, forcibly took her to Hyderabad and married her. Thereafter, he has committed sexual assault on her. The act committed by the petitioner is heinous in nature. Therefore, he is not entitled for bail, are the contentions of the learned counsel for respondent No.2. 11. Similarly, the learned High Court Government Pleader for respondent No.1/State adopted the arguments - 6 - HC-KAR NC: 2025:KHC-D:15496 CRL.P No. 103125 of 2025 of the learned counsel for respondent No.2 and prays to reject the petition. 12. Having heard the learned counsel for the respective parties and on perusal of averments of the charge-sheet, it appears that, the petitioner is aged about 26 years and he was the neighbour of the complainant. It is stated in the charge-sheet that the petitioner used to insist the victim to love him. Both the victim and the petitioner went to Hyderabad. It is stated that both are married and started residing together as husband and wife. 13. It is stated in the charge-sheet that the victim had sustained injury in the road accident. Therefore, she was brought back to Ballary and she was sent to her house. It is also noted that, the age of the victim is 17 years 4 months. 14. Having considered the age of the victim and also considering the facts and circumstances of the case, it is - 7 - HC-KAR NC: 2025:KHC-D:15496 CRL.P No. 103125 of 2025 appropriate to grant him bail by imposing suitable conditions. 15. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.77/2022 of respondent No.1/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The petitioner shall not upload any photo or video of the victim either himself - 8 - HC-KAR NC: 2025:KHC-D:15496 CRL.P No. 103125 of 2025 or through his agents, till disposal of the case. (c) The petitioner shall appear before the Trial Court on all hearing dates without fail. (d) The petitioner shall not commit any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT:UMD List No.: 1 Sl No.: 53