- 1 - HC-KAR NC: 2025:KHC-D:10020 CRL.P No. 102496 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102496 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: YANKOBA S/O DURAGAPPA @ DURUGESH, AGE: 22 YEARS, OCCUPATION: COOLIE, R/O: ACHARNARASAPUR, TALUKA: GANGAVATHI, DISTRICT: KOPPAL- 583227. …PETITIONER (BY SRI. SRINIVAS NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH GANGAVATHI RURAL POLICE STATION, DISTRICT: KOPPAL- 580011. 2. SMT, DURAGAMMA W/O YANKANNA, AGE: 40 YEARS, OCC: LABOUR, R/O: MAREAMMA TEMPLE ACHARNARASAPUR, TALUKA: GANGAVATHI, DIST: KOPPAL- 583227. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1, SRI. LINGESH V. KATTIMANE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED IN SPECIAL SESSIONS CASE 22/2024, ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE KOPPAL SITTING AT GANGAVATHI (CRIME NO 33/2024 GANGAVATHI PS) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:10020 CRL.P No. 102496 of 2025 UNDER SECTION 376(2) (n) AND 363 OF IPC AND UNDER SECTION 4 AND 6 OF POCSO ACT, 2012 IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Spl.S.C.No.22 of 2024 pending before the Court of Additional District and Sessions Judge, Koppal sitting at Gagavathi arising out of Crime No.33 of 2024 registered by Gangavathi Rural Police Station, Koppal, for offences punishable under Sections 376(2)(n) and 363 of Indian Penal Code, and Sections 4 and 6 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 learned counsel for the parties. 3. FIR in Crime No.33 of 2024 was registered by Gangavathi Rural Police Station, Koppal initially for the aforesaid offence punishable under Section 363 of IPC - 3 - HC-KAR NC: 2025:KHC-D:10020 CRL.P No. 102496 of 2025 against unknown persons based on the first information dated 21.02.2024 received from respondent No.2 who is the mother of victim girl, who was allegedly aged 17 years 8 months as on the date of registration of FIR. During the course of investigation, petitioner and the victim girl were traced together. The petitioner who was arrested on 16.03.2024 was 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 in Special S.C.No.22 of 2024 was rejected on 31.05.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner aged about 22 years is in custody for the last more than 17 months. Victim girl and her parents have been examined as PW1 to PW3 before the Court. Out of the 38 charge sheet witnesses cited in the present case, - 4 - HC-KAR NC: 2025:KHC-D:10020 CRL.P No. 102496 of 2025 only 3 were examined. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that he victim girl was a minor at the time of the alleged incident and she has supported the case of the prosecution. Accordingly, she prays to dismiss the petition. 6. First information was submitted by the mother of the victim girl, who was aged about 17 years 8 months as on 21.02.2024, alleging that her minor daughter was found missing from her house from 19.02.2024 onwards. Efforts made to trace her had failed. During the course of investigation, petitioner and the victim girl were traced together and the victim who was arrested on 16.03.2024, was subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. 7. Perusal of the material on record would go to show that petitioner and the victim girl were acquainted to - 5 - HC-KAR NC: 2025:KHC-D:10020 CRL.P No. 102496 of 2025 each other and they were also loving each other. Since the mother of the victim girl intended to perform the marriage of the victim girl with the son of her maternal aunt, it appears that petitioner and the victim girl had eloped and from Ballari they had travelled in a bus to Bangalore and had stayed in the house of petitioner’s friends. Subsequently, the maternal aunt of the petitioner informed the petitioner that a case was registered, after the victim girl was missing and therefore petitioner and the victim girl had returned to their village and thereafter the petitioner was arrested. 8. Petitioner aged about 22 years, having no other criminal antecedent, is in custody for the last nearly 1 year 6 months. Out of the 38 charge sheet witnesses cited in the present case, till date only 3 charge sheet witnesses are examined. Therefore, the chances of the trial being completed and case being disposed of on merits in the near soon is very remote. The victim girl has been examined before the trial Court as PW1 and her parents - 6 - HC-KAR NC: 2025:KHC-D:10020 CRL.P No. 102496 of 2025 have been examined as PW2 and PW3. Since the material charge sheet witnesses are already examined, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses. Continued detention of the petitioner, aged about 22 years amongst hardcore criminals in jail, will have an adverse impact on him. 9. Considering the aforesaid aspects of the matter and also taking into consideration the age of the petitioner and the victim girl, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Spl.S.C.No.22 of 2024 pending before the Court of Additional District and Sessions Judge, Koppal sitting at Gagavathi arising out of Crime No.33 of 2024 registered by Gangavathi Rural - 7 - HC-KAR NC: 2025:KHC-D:10020 CRL.P No. 102496 of 2025 Police Station, Koppal, for offences punishable under Sections 376(2)(n) and 363 of Indian Penal Code, and Sections 4 and 6 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; d. The petitioner shall not involve in similar offences in future. - 8 - HC-KAR NC: 2025:KHC-D:10020 CRL.P No. 102496 of 2025 e. 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 List No.: 1 Sl No.: 15