- 1 - HC-KAR NC: 2025:KHC-D:9491 CRL.P No. 102085 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102085 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI NINGAPPA @ VISHAL S/O BHAIRAPPA HOSAMANI, AGE: 21 YEARS, OCC: KIRANA SHOP, R/O: H.NO.29, SAMARTHNAGAR, 4TH CROSS, BELAGAVI, TQ: AND DIST: BELAGAVI-590 016. … PETITIONER (BY SRI. S.M. MUCHHANDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THE POLICE INSPECTOR MARKET, TQ: AND DIST: BELAGAVI, PIN-590 016, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT: DHARWAD BENCH, PIN-580 011. 2. SMT. HEMA W/O VIJAY NAIDU, AGE: 38 YEARS, OCC: HOME MAKER, R/O: H.NO.9/71/ILL, DATTA WADI, MAPUSA, DIST: BARDEZ, STATE: GOA, PIN-403 507. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. C.H. NAIK, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING THAT THE PETITION BE ALLOWED AND THE PETITIONER/ACCUSED MAY BE ENLARGED ON REGULAR BAIL IN MARKET P.S. CRIME NO.83/2024 UNDER SECTION 363, 376(2)(N), 342, 506, 509 OF IPC AND SECTIONS 4, 6, 8 AND 12 OF POCSO ACT PENDING TRIAL ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI IN SPL. CASE NO.480/2024, TO MEET THE ENDS OF JUSTICE AND EQUITY. Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.04 15:17:23 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9491 CRL.P No. 102085 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 Spl.Case No.480 of 2024 pending before the Court of Additional District and Sessions Judge. FTSC-I, Belagavi arising out of Crime No.83 of 2024 registered by Market Police Station, Belagavi city for the offences punishable under Sections 363, 376(2)(n), 344, 506, 509 of Indian Penal Code and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel by the parties. 3. FIR in Crime No.83 of 2024 was registered by Market Police Station, Belagavi city for the aforesaid offences against the petitioner herein, based on the first information dated 15.06.2024 received from respondent No.2, who is the mother of the victim girl, who was aged above 19 years, as on the date of registration of FIR. During the course of investigation, petitioner herein was arrested on 16.06.2024 and - 3 - HC-KAR NC: 2025:KHC-D:9491 CRL.P No. 102085 of 2025 subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the trial Court in Criminal Misc. No. 446/2025 was rejected on 13.05.2025. Therefore he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition prays to allow the petition. He submits that before the trial Court, as on date, 7 witnesses have been examined and the victim girl has been examined as PW2 and mother of the victim girl is examined as PW1. He submits that petitioner aged about 21 years, is in custody for the last more than 1 year. Accordingly, prays to allow the petition. 5. Learned HCGP and the learned counsel appearing for the respondent No.2 have opposed the same. They submit that victim was a minor as on the alleged date of incident, though she was a major as on the date of registration of FIR. Learned counsel for the respondent No.2 submits that sister of the petitioner had threatened the victim girl after the FIR in the present case was registered and therefore FIR in Crime No.97 - 4 - HC-KAR NC: 2025:KHC-D:9491 CRL.P No. 102085 of 2025 of 2024 is registered against the sister of the petitioner. He submits that in the event petitioner is enlarged on bail the victim may be influenced or threatened. Accordingly, they pray to dismiss the petition. 6. The FIR in the present case was registered against the petitioner based on the first information that was submitted by the mother of the victim girl on 15.06.2024. Undisputedly, as on the date of registration of the FIR, the victim girl was aged 19 years. In the first information, it is stated that the petitioner was following the victim girl when she was attending her school and was pestering her to marry him. 7. On 22.04.2022, the victim girl had gone to her grandmother’s house and the petitioner who came there allegedly took her forcibly and had sexual intercourse with her against her wishes. Thereafter, the victim girl was admitted to BBA degree course in a private College at Pune. Petitioner allegedly went to Pune and took the victim with him and they stayed together at Club View Lodge and also in another private lodge and it is alleged that petitioner had sexual intercourse with the victim girl in the said lodge. It is further alleged that - 5 - HC-KAR NC: 2025:KHC-D:9491 CRL.P No. 102085 of 2025 petitioner had threatened the victim girl of circulating her private photos and videos in social media. It is under these circumstances, first informant had approached the Police on 15.06.2024 alleging that her daughter was sexually assaulted by the petitioner in the year 2022. 8. Petitioner who is aged about 21 years is in the custody for the last more than one year. Undisputedly he has no other criminal antecedents. Before the Trial Court till date seven charge sheet witnesses have been examined out of the 31 charge sheet witnesses cited in the present case. The first informant is examined as PW1 and the victim girl is examined as PW2. Since the material charge sheet witnesses are already examined before the Trial Court, there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses in the event he is enlarged on bail. Out of the 31 charge sheet witnesses cited in the present case, till date only 7 charge sheet witnesses are examined and therefore, the chances of the trial being completed and the case being disposed of on merits in the near soon is remote. Continued detention of the petitioner in custody amongst hardcore criminals in jail would have an adverse impact on his - 6 - HC-KAR NC: 2025:KHC-D:9491 CRL.P No. 102085 of 2025 future career and prospects. Undisputedly petitioner is not an accused in Crime No.197/2024. The apprehension expressed by the counsel for respondent No.2 can be taken care of by imposing appropriate conditions on the petitioner. Accordingly, the following: ORDER 1. Criminal Petition is allowed. 2. Petitioner is directed to be enlarged on bail in S.C. No.480/2024 pending before the Court of Additional District Pension Judge, F.J. Subangala, arising out of Crime No. 83 of 2024 registered by Market Police Station, Belagavi city for offences punishable under Sections 363, 376(2)(n), 344, 506, 509 of IPC and Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offences Act, subject to the following conditions: i. The petitioner 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; 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; - 7 - HC-KAR NC: 2025:KHC-D:9491 CRL.P No. 102085 of 2025 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, RSH CT:BCK LIST NO.: 1 SL NO.: 17