- 1 - HC-KAR NC: 2025:KHC-D:12299 CRL.P No. 103582 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103582 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. DEVARAJ @ KURUDA DEVARAJ @ DEVU NAYAK S/O CHANDRA SHEKHA @ UDEGOL CHANDRAPPA, AGE. 23 YEARS, OCC. LABOURER, R/O. IST WARD, NADAVAI VILLAGE, TQ. SIRGUPPA, DIST. BALLARI-583 121. 2. MADAMMA @ MADHAVI W/O KANAKAPPA, AG.E 21 YEARS, OCC. LABORER, R/O. NEAR SHRI HULUGAMMA TEMPLE, NADAVI VILLAGE, TQ. SIRGUPPA, DIST. BALLARI-583 121. … PETITIONERS (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH SIRIGERI P.S.) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12299 CRL.P No. 103582 of 2025 HIGH COURT OF KARNATAKA, AT: DHARWAD-580 001. 2. SHARANABASAVA @ SHARANAPPA S/O BHAVANI SIDDAYYA, AGE. 32 YEARS, OCC. FARMER, R/O. NEAR SHRI HULUGAMMA TEMPLE, NADAVI VILLAGE, TQ. SIRGUPPA, DIST. BALLARI-583 121. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS/ACCUSED NO.1 AND 2 ON BAIL IN SPL. CASE NO.674/2025 IN CONNECTION WITH (CRIME NO.33/2025 REGISTERED IN SIRIGERI PS BALLARI PUNISHABLE UNDER SECTIONS 351(2) R/W 3(5) OF BNS AND 9(G), 9(I), 9(M) OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, PENDING TRIAL OF THE CASE, BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, F.T.S.C.-I BALLARI, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12299 CRL.P No. 103582 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in Special Case No.674 of 2025, pending before the Court of Principal District and Sessions Court and Special Judge, Ballari, arising out of Crime No.33 of 2025 registered by Sirigeri Police Station, Ballari, for offences punishable under Sections 351(2) read with Section 3(5) of BNS 2023 and Sections 9(g), 9(i), 9(m) of the Protections of Children from Sexual Offences Act, 2012, are before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the petitioners and the learned HCGP for respondent No.1. Respondent No.2 is served in the matter and has remained unrepresented before this Court. 3. FIR in Crime No.33 of 2025 was issued by Sirigeri Police Station, Ballari for the aforesaid offences against the petitioners herein based on the first information dated 18.03.2025 received from respondent No.2, who is the father of the victim, aged about 7 years. During the - 4 - HC-KAR NC: 2025:KHC-D:12299 CRL.P No. 103582 of 2025 course of investigation, petitioners herein were arrested on 19.03.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against them for the aforesaid offences. Their bail applications filed before the trial Court in Special Case No.674 of 2025 was rejected. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that in the first information submitted by the respondent No.2 on 18.03.2025, it is stated that on the intervening night of 12.03.2025 and 13.03.2025, his minor daughter had gone along with accused No.2 to sleep in her house. On 13.03.2025, victim girl had complained about pain in her private part and she also had stated that one person who came to the house of accused No.2 on the intervening night of 12.03.2025 and 13.03.2025, had removed her undergarments when she was sleeping in the house of accused and had cut her private part with a blade and caused injury to her. - 5 - HC-KAR NC: 2025:KHC-D:12299 CRL.P No. 103582 of 2025 5. In respect of the alleged incident that had taken place on the intervening night of 12.03.2025 and 13.03.2025, though the same had come to the notice of the parents of the victim girl on the early morning of 13.03.2025 itself, the FIR has been belatedly registered on 18.03.2025. The victim girl also was taken to the hospital only thereafter. Investigation of the case is completed and charge sheet has been filed. 6. As per the charge sheet allegations, accused No.1 had illicit relationship with accused No.2, who is a married lady. On the night of 12.03.2025, at the request of accused No.2, the parents of the victim girl had sent the victim girl along with accused No.2 to sleep in her house, since she was alone in the house. Allegation against the accused is that on the intervening night of 12.03.2025 and 13.03.2025, accused No.1, who came to the house of accused No.2 had removed the undergarments of the victim girl while she was sleeping and thereafter had touched her private parts and caused injury to the same with a blade. - 6 - HC-KAR NC: 2025:KHC-D:12299 CRL.P No. 103582 of 2025 After completing investigation, charge sheet has been filed for the aforesaid offences. The offence under Section 9 of the POCSO Act is punishable under Section 10 of the POCSO Act. The maximum punishment for the alleged offences is imprisonment for a period of seven years. Undisputedly, petitioners herein do not have criminal antecedents. They are aged about 23 years and 21 years respectively. Investigation of the case is already completed. Considering the aforesaid aspects of the matter, the following: ORDER Criminal petition is allowed. Petitioners are directed to be enlarged on bail in Special Case No.674 of 2025, pending before the Court of Principal District and Sessions Court and Special Judge, Ballari, arising out of Crime No.33 of 2025 registered by Sirigeri Police Station, Ballari, for offences punishable under Sections 351(2) read with Section 3(5) of BNS 2023 and Sections 9(g), 9(i), 9(m) of the POCSO Act, 2012, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC-D:12299 CRL.P No. 103582 of 2025 i. The petitioners – accused shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; iii. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioners shall not involve in similar offences in future; v. The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK, RSH CT:BCK /LIST NO.: 1 SL NO.: 24