- 1 - HC-KAR NC: 2025:KHC-D:11893 CRL.P No. 103344 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. 103344 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SANGAMESH S/O PRABURAJ GONDI, AGE ABOUT 19 YEARS, OCC. AGRICULTURIST, R/O. BEVOOR VILLAGE, TQ. YELBURGA, DIST. KOPPAL, PIN-583 237. … PETITIONER (BY SRI. A.B. PATIL AND SRI. VIJAY S. CHINIWAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, THROUGH BEVOOR POLICE STATION, YELBURGA CIRCLE, DIST. KOPPAL, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD, PIN-580 011. 2. HANAMANTAPPA NELAJERI, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, R/O. BEVOOR VILLAGE, TQ. YELBURGA, DIST. KOPPAL, PIN-583 237. … 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 THE PETITION BY ENLARGING THE PETITIONER ON BAIL IN BEVOOR P.S. CRIME NO.108/2025 FOR ALLEGED OFFENCES UNDER SECTION 126(2), 115(2), 76, 78, 79, 352, 351(2) OF BHARATIYA NYAYA SANHITA 2023 AND UNDER SECTION 12 OF POCSO ACT 2012, ON THE FILE OF LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTSC-I), KOPPAL, 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:11893 CRL.P No. 103344 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 Crime No.108 of 2025 registered by Bevoor Police Station, Koppal District for offences punishable under Section 126(2), 115(2), 76, 78, 79, 352, 351(2) of BNSS, 2023 and Section 12 of POCSO Act, is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1. Respondent No.2, who is served in the matter, has remained unrepresented before this Court. 3. FIR in the present case was registered against the petitioner herein for the aforesaid offences by Bevoor Police Station, Koppal based on the first information dated 19.07.2025 received from the victim girl aged 17 years, who is the daughter of respondent No.2 herein. During the course of investigation, petitioner was arrested on - 3 - HC-KAR NC: 2025:KHC-D:11893 CRL.P No. 103344 of 2025 21.07.2025 and subsequently remanded to judicial custody. His bail application filed before the Trial Court in Crime No.108 of 2025 was rejected on 06.08.2025. Therefore, he is before this Court. 4. In the first information which is submitted by the victim girl on 19.07.2025, she has stated that petitioner was following her on her way to her college and was pestering her to love him. On 19.07.2025 at about 09:30 a.m., when the victim girl was on her way to her college, petitioner, who came in a motorbike restrained her and informed her that he was in love with her and he intended to marry her. When the victim girl rejected his proposal stating that she was still a minor, the petitioner allegedly assaulted her with his hand on her temple region and threatened with dire consequences, if she does not speak to him. He also allegedly criminally intimidated her and thereafter left the spot. It is under the circumstances, FIR in Crime No.108 of 2025 was registered against the petitioner by Bevoor Police Station, Koppal District. - 4 - HC-KAR NC: 2025:KHC-D:11893 CRL.P No. 103344 of 2025 5. Petitioner aged about 19 years is in custody in the present case from 21.07.2025 onwards. Maximum punishment for the alleged offences is imprisonment for a period of seven years. It is not in dispute that the petitioner has no other criminal antecedent. Major portion of the investigation is completed and continued detention of the petitioner in jail with hard core criminals, may have adverse impact on him. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in Crime No.108 of 2025 registered by Bevoor Police Station, Koppal District for offences punishable under Section 126(2), 115(2), 76, 78, 79, 352, 351(2) of BNSS, 2023 and Section 12 of POCSO 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; - 5 - HC-KAR NC: 2025:KHC-D:11893 CRL.P No. 103344 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.: 30