- 1 - HC-KAR NC: 2025:KHC-D:11254 CRL.P No. 103232 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103232 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MR. DEVARAJA V. S/O LATE SUNKAPPA, AGE. 22 YEARS, OCC. MASON, R/O. 29TH WARD, NEAR CANAL CHARCH BANDIHATTI, COWLBAZER, BALLARI-583 102, TQ. AND DIST. BALLARI. … PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY BALLARI WOMEN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SMT. LAKSHMI DEVI W/O CHIDANANDA, AGE. 45 YEARS, OCC. LABOURER, R/O. WARD NO.29, NEAR CANAL CHARCH BANDIHATTI, COWLBAZER, BALLARI-583 102, TQ. AND DIST. BALLARI. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SMT. SHAILA BELLIKATTI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.126/2024 REGISTERED WITH BALLARI WOMEN P.S. AND PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-1 BALLARI IN SPL. C. NO.1039/2024, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64, 96, 49, 351(2) OF BNS AND SECTIONS 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT-2012 AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT-2006, 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:11254 CRL.P No. 103232 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. Case No.1039/2024 pending before the Court of Prl. District & Sessions Judge, FTSC-1, Ballari, arising out of Crime No.126/2024 registered by Ballari Women Police Station, Ballari, for the offences punishable under Sections 137(2), 64, 96, 49, 351(2) of BNS, 2023, Sections 4 & 6 of the POCSO Act, and Section 9 of the Prohibition of Child Marriage Act, 2006, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.126/2024 was registered by Ballari Women Police Station, Ballari, initially for the offences punishable under Section 137(2) of BNS, 2023, against the petitioner herein based on the first information dated 14.09.2024 received from respondent no.2 who is the mother of the victim girl. During the course of investigation, petitioner and the victim girl were traced together. Petitioner was arrested on 01.10.2024 - 3 - HC-KAR NC: 2025:KHC-D:11254 CRL.P No. 103232 of 2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed before the Trial Court was rejected, and therefore, he had approached this Court in Crl.P.No.101326/2025, which was dismissed as withdrawn on 17.04.2025 with liberty to the petitioner to file a fresh bail application after the victim is examined before the Trial Court. Thereafter, the petitioner had filed a fresh bail application before the Trial Court, which was rejected on 18.07.2025. It is under these circumstances, petitioner is before this Court in this successive bail petition. 4. Learned Counsel for the petitioner submits that petitioner and the victim girl are in love. The same is evident from the statement of victim girl that was recorded under Section 183 of BNS, 2023. Petitioner, aged about 22 years having no criminal antecedents is in custody for the last more than 11 months. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:11254 CRL.P No. 103232 of 2025 5. Learned HCGP and the learned Counsel appearing for respondent no.2 have opposed the petition. They submit that victim is a minor, and therefore, her consent is of no consequence. They submit that considering the nature of allegations found against the petitioner, the alleged offences clearly get attracted against him. The victim has supported the case of the prosecution. Accordingly, they pray to dismiss the petition. 6. FIR in the present case was submitted by the mother of the victim girl on 14.09.2024 after the victim girl was found missing from her house on 12.09.2024. Efforts made to trace her had failed and since the first informant suspected the hand of the petitioner, FIR was registered against him initially for the offence punishable under Section 137(2) of BNS, 2023. During the course of investigation, the petitioner and the victim girl were traced together on 31.09.2024 at Chandapura in Bengaluru, where they were living together in a rented premises, and thereafter they were brought back to their village by the police. Petitioner was arrested on 01.10.2024 and subsequently remanded to judicial custody. - 5 - HC-KAR NC: 2025:KHC-D:11254 CRL.P No. 103232 of 2025 7. The statement of the victim girl under Section 183 of BNSS, 2023, was recorded by the jurisdictional Magistrate on 08.10.2024. The victim girl has stated that she had studied upto 10th Standard and since she had failed in her 10th Standard examination, she was staying at home. Petitioner and her brother were friends and she got acquainted to the petitioner when she was studying in 10th Standard. Petitioner had informed her that he was in love with her and subsequently she also agreed to love the petitioner. The victim and the petitioner were talking over phone regularly and after her parents and brother came to know about the same, she was sent to her maternal aunt’s house. Even from the said house, she continued to speak with the petitioner over phone. Subsequently, she came to know that her parents were making arrangements to perform her marriage with some other boy, and therefore, she informed the petitioner and asked him to take her with him. 8. On 12.09.2024, petitioner came near the bus stand at Ballari and she also went to the said bus stand, and thereafter, they travelled together in a bus to Bengaluru and went to the - 6 - HC-KAR NC: 2025:KHC-D:11254 CRL.P No. 103232 of 2025 house of petitioner’s sister and stayed there. On 16.09.2024, they got married in a temple at Bengaluru and thereafter had sexual intercourse. Subsequently, they rented a premises at Chandapura in Bengaluru and started staying in the said house, and on 31.09.2024 police came to the said house at Chandapura and had brought them back to Ballari. 9. Petitioner had approached this Court in Crl.P.No.101326/2024 which was dismissed as withdrawn with liberty to the petitioner to file a fresh bail application after examination of the victim girl is completed before the Trial Court. The victim girl is now examined before the Trial Court completely. 10. Though learned Counsel for respondents have submitted that victim girl has supported the case of the prosecution, at this stage, this Court cannot appreciate the deposition of the witnesses. Since the material charge sheet witness has already been examined, there cannot be any apprehension that petitioner may tamper with the said witness. Petitioner, aged about 22 years, having no criminal antecedents is in custody for - 7 - HC-KAR NC: 2025:KHC-D:11254 CRL.P No. 103232 of 2025 the last 11 months. The prosecution, in all, has cited 28 charge- sheet witnesses in the present case, and till date, only one charge-sheet witness has been examined. Therefore, chances of trial being completed and the case being disposed of on merits in the near future is remote. Under the circumstances, I am of the opinion that without expressing any opinion on the merits and demerits of the case, petitioner’s prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 11. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl. Case No.1039/2024 pending before the Court of Prl. District & Sessions Judge, FTSC-1, Ballari, arising out of Crime No.126/2024 registered by Ballari Women Police Station, Ballari, for the offences punishable under Sections 137(2), 64, 96, 49, 351(2) of BNS, 2023, Sections 4 & 6 of the POCSO Act, and Section 9 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 8 - HC-KAR NC: 2025:KHC-D:11254 CRL.P No. 103232 of 2025 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; 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 KK CT:BCK LIST NO.: 1 SL NO.: 20