- 1 - HC-KAR NC: 2025:KHC-D:9257 CRL.P No. 102472 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102472 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. KIRAN KUMAR @ CHUMMI S/O KAPPA, AGE: 26 YEARS, OCC: LABOURER, R/O: GOWLERA HATTI, NEAR VASAVI SCHOOL, 10TH WARD, HOSAPETE, DIST: VIJAYANAGAR-583 201. … PETITIONER (BY SRI. SRINAND ARAVIND PACHHAPURE, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH HOSAPETE TOWN POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT DHARWAD-580 011. 2. SMT. HASANGI DURGAMMA @ ASHA W/O RAGHAVENDRA, AGE: 41 YEARS, OCC: BUSINESS, R/O: 1ST CROSS, WARD NO.9, SIDDALINGAPPA CHOWKI, HOSAPETE, DIST: VIJAYANAGAR-583 201. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. SABEEL AHMED, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.1 IN SPL. C. NO.1391/2021 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BALLARI (CRIME NO.125/2021 REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 323, 506, 354(A) AND 354(D) OF IPC AND SECTION 8, 11 AND 12 OF POCSO ACT, 2012, BY THE RESPONDENT HOSAPETE TOWN POLICE STATION, 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:9257 CRL.P No. 102472 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 No.1 in Spl.C.No.1391/2021 pending before the Principal District and Sessions Court, Ballari arising out of Crime No.125/2021 registered by Hosapete town Police Station, Ballari for the offences punishable under Sections 323, 504, 506, 354(A) and 354(D) of Indian Penal Code and Sections 8, 11 and 12 of the Protection of Children from Sexual Offences Act, 2012, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.125/2021 was registered by Hosapete Town police station, District Ballari for the offences punishable under Sections 323, 504, 506, 354(A) and 354(D) of IPC and Sections 8, 11 and 12 of the POCSO Act against the petitioner Kiran Kumar. - 3 - HC-KAR NC: 2025:KHC-D:9257 CRL.P No. 102472 of 2025 4. Learned counsel for the petitioner submits on the merits of the case that the petitioner was already granted regular bail by the Court by order dated 20.01.2022. For the mistake committed by the petitioner, he is now in the custody for last more than 4 months. The maximum punishment for alleged offences is imprisonment for a period of 5 years. Accordingly, prays to allow the petition. 5. Learned HCGP and the learned counsel appearing for respondent No.2 who have opposed the petition, however, does not dispute the petition made by the learned counsel for the petitioner. 6. Charge sheet has been filed in the present case against the petitioner and others for the offences punishable under Sections 323, 504, 506, 354(A) and 354(D) of IPC and Sections 8, 11 and 12 of the POCSO Act. The maximum punishment for the said offences is imprisonment for a period of 5 years. The petitioner was granted regular bail in the present case by the trial Court - 4 - HC-KAR NC: 2025:KHC-D:9257 CRL.P No. 102472 of 2025 in Spl.C.No.1391/2021 by order dated 20.01.2022. It appears that subsequently he was absent on the dates of hearing before the trial Court, and therefore the trial Court issued NBW to the petitioner and he was arrested on 17.03.2025 and subsequently remanded to judicial custody. For the mistake committed by the petitioner he is in custody for the last more than 4 months. The trial is at the preliminary stage before the trial Court. Under these circumstances, without expressing any opinion on the merits of the case, the prayer made by the petitioner in the application for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Spl.C.No.1391/2021 pending before the Principal District and Sessions Court, Ballari arising out of Crime No.125/2021 - 5 - HC-KAR NC: 2025:KHC-D:9257 CRL.P No. 102472 of 2025 registered by Hosapete town Police Station, Ballari for the offences punishable under Sections 323, 504, 506, 354(A) and 354(D) of Indian Penal Code and Sections 8, 11 and 12 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. 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; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2025:KHC-D:9257 CRL.P No. 102472 of 2025 d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 27