- 1 - HC-KAR NC: 2025:KHC-D:10334 CRL.P No. 102739 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102739 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: H. AKASH S/O H. MAHESH, AGE. 20 YEARS, OCC. DRIVER, R/O. HOSUR, TQ. HOSAPETE, DIST. VIJAYANAGARA-560 040. … PETITIONER (BY SRI. AVINASH BANAKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH LAKSHMESHWAR PS, SHIRAHATTI CIRCLE, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. 2. YALLAVVA W/O. KARABASAPPA SANKAPPANAVAR, AGE. 36 YEARS, OCC. COOLIE, R/O. YALAVAGI, TQ. SAVANUR, DIST. HAVERI-581 118. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO.18/2025 BY LAKSHMESHWAR P.S., SHIRAHATTI CIRCLE FOR AN OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(M) OF BNS R/W SECTIONS 4, 6 OF POCSO ACT AND SECTION 9 OF PROTECTION OF CHILD MARRIAGE ACT, 2006, PENDING ON THE FILE OF COURT OF PRL.DISTRICT AND SESSIONS JUDGE, GADAG, IN S.C. NO.43/2025, 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:10334 CRL.P No. 102739 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 Case No.43 of 2025 pending before the Court of Additional District and Sessions Judge and Special Judge, Gagad arising out of Crime No.18/2025 registered by Lakshmeshwar Police Station, Gagad District for offences punishable under Sections 137(2) and 64(2)(m) of BNS 2023, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Protection of Child Marriage Act, 2006, is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard 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.18/2015 was registered by Lakshmeshwar Police Station, Gagad District against the - 3 - HC-KAR NC: 2025:KHC-D:10334 CRL.P No. 102739 of 2025 petitioner for the aforesaid offences based on the first information dated 01.03.2025 received from the mother of the victim girl, who was aged 17 years as on the date of registration of FIR. During the course of investigation of the case, petitioner herein was arrested on 21.01.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court was rejected on 16.04.2025. 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 on 31.12.2024 and therefore, FIR was initially registered in Crime No.1/2025 by Savanur Police Station, for offence punishable under Section 137(2) of BNS 2023. During the course of investigation of the case, petitioner and victim were traced together. Subsequently, for want of jurisdiction, the FIR was transferred to Lakshmeshwara Police Station, Gadag and was registered in Crime - 4 - HC-KAR NC: 2025:KHC-D:10334 CRL.P No. 102739 of 2025 No.18/2025 for the aforesaid offences. During the course of investigation, statement of the victim girl, aged about 17 years 3 months, was recoded by the Jurisdictional Magistrate under Section 183 of BNSS 2023. In the said statement, the victim girl has stated that she and the petitioner are acquainted to each other for the last 6 months and they are in love. After her parents came to know about the same, on 31.12.2024, she had gone along with the petitioner from her college and they had travelled in a bus from Gadag to Hospete and stayed in the house of petitioner’s friend for 2 days. Subsequently, when they were staying in a rented premises, police came to the said house on 13.01.2025 and had brought them back to their village. She has not made any allegation against the petitioner in her statement under Section 183(5) of the BNSS 2023, which would attract the alleged offences against him. 5. Petitioner aged about 20 years, who has no other criminal antecedent, is in custody from 21.01.2025. - 5 - HC-KAR NC: 2025:KHC-D:10334 CRL.P No. 102739 of 2025 Investigation of the case is already completed. Continued detention of the petitioner in custody amongst hardcore criminals is likely to have an adverse impact on his life carrier. 6. Under the circumstances, I am of the opinion that the prayer made by the petitioner, for grant of bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in Special Case No.43 of 2025 pending before the Court of Additional District and Sessions Judge and Special Judge, Gagad arising out of Crime No.18/2025 registered by Lakshmeshwar Police Station, Gagad District for offences punishable under Sections 137(2) and 64(2)(m) of BNS 2023, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Protection 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 - 6 - HC-KAR NC: 2025:KHC-D:10334 CRL.P No. 102739 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. 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 KGK, VMB CT:BCK LIST NO.: 1 SL NO.: 27