- 1 - HC-KAR NC: 2025:KHC-D:11686 CRL.P No. 102484 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102484 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MEHABOOBALI S/O. BABUSAB NADAF, AGED ABOUT 28 YEARS, OCC. AUTO DRIVER, R/O. KARJAGI, TQ. AND DIST. HAVERI-581 110. … PETITIONER (BY SRI. V.P. VADAVI, ADVOCATE FOR SMT. RENUKA SIDDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, RURAL POLICE STATION, HAVERI, REP. BY THE ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. SMT. PREMA W/O MANJUNATH PAWAR, AGE. 35 YEARS, OCC. COOLIE, R/O. KARJAGI, TQ. AND DIST. HAVERI-581 110, (MOTHER OF VICTIM). … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. CHETAN T. LIMBIKAI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT THE REGULAR BAIL IN CRIME NO.223/2024 AGAINST PETITIONER/A1 AND NOW SPL. SC NO.19/2025 FOR THE OFFENSE PUNISHABLE UNDER SECTIONS 75, 78(2), 126(2), 137(2), 64(2)(M) OF BNS ACT 2023 AND UNDER SECTIONS 4, 6, 8, 12 OF PROTECTION OF CHILDREN’S FROM SEXUAL OFFENCES ACT, 2012. FILE OF RURAL POLICE STATION HAVERI, PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 HAVERI, 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:11686 CRL.P No. 102484 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.19/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Haveri, arising out of Crime No.223/2024 registered by Haveri Rural Police Station, Haveri for the offences punishable under Sections 75, 78(2), 126(2), 137(2), 64(2)(M) of BNS Act 2023 and under Sections 4, 6, 8, 12 of Protection of Children’s 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.223/2024 registered by Haveri Rural Police Station, Haveri initially for the offences punishable under Sections 3(5), 351(2), 352, 74, 79, 126(2) and 137(2) of BNS Act 2023 and under Section 12 of - 3 - HC-KAR NC: 2025:KHC-D:11686 CRL.P No. 102484 of 2025 Protection of Children’s from Sexual Offences Act, 2012 against the petitioner based on the first information dated 30.12.2024 received from respondent No.2, who is the mother of the victim girl. During the course of investigation, petitioner was arrested on 31.12.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons for the aforesaid offences and petitioner is arraigned as accused no.1 in the charge sheet. His bail application filed before the trial Court was rejected and therefore he is before this court. 4. Perusal of the material on record would go to show that the first informant had approached the police on 30.12.2024 alleging that the petitioner was pestering his daughter who was studying in college, to love and marry him and on 30.12.2024, petitioner and his friend who is arraigned as accused no.2 in the present case, had criminally intimidated the victim girl and had forcefully taken her in the auto rickshaw belonging to petitioner, - 4 - HC-KAR NC: 2025:KHC-D:11686 CRL.P No. 102484 of 2025 which was intercepted by the public and the victim was rescued. It is under these circumstances, FIR was registered against the petitioner and his friend in Crime No.223 of 2024. During the course of investigation petitioner was arrested on 31.12.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner and another for the aforesaid offences. The victim girl was medically examined on 31.12.2024 and in the final opinion of the doctor, it is stated that there is no evidence suggestive of rape. However, the victim is used to an act like sexual intercourse and no external injuries are found on her inner body. Before the doctor who had medically examined the victim girl, mother of the victim girl has given a history that victim girl was in love with the petitioner for the last 2 years and had voluntarily met him several times, which went unnoticed by the parents and was noticed only one month ago. - 5 - HC-KAR NC: 2025:KHC-D:11686 CRL.P No. 102484 of 2025 5. On 30.12.2024, she had gone with him in his auto rickshaw to Rock Garden and the parents of the victim caught hold of both of them. It is further mentioned that the victim has given no history of sexual intercourse or oral intercourse. 6. Statement of the victim girl under Section 164 of Cr.P.C. was recorded in the present case by the jurisdictional Magistrate on 04.01.2025. Victim girl has stated that she is studying in first year PUC and the petitioner is acquainted to her. Petitioner had proposed to her and subsequently, she had agreed for the proposal and they were moving together. She has alleged that in the month of August, 2025, when there was nobody in her house, petitioner had come to her house and had sexual intercourse with her. Subsequently, after her mother came to know about the same, she had advised her. On 30.12.2024, she and the petitioner had gone together to Rock garden and members of Sriram Dal who saw them informed her mother and thereafter, FIR was registered. - 6 - HC-KAR NC: 2025:KHC-D:11686 CRL.P No. 102484 of 2025 Investigation of the case is completed and charge sheet has been filed. It appears that victim girl and the petitioner were in love and they were moving together for a considerable period of time, without being noticed by the parents of the victim. It is only when the petitioner and the victim girl were caught together at Rock Garden by her parents, the first informant, who is the mother of the victim girl had approached the police. Petitioner who has no other criminal antecedent is in custody for the last more than 8 months. Trial in the case is yet to commence. Under the circumstances, I am of the opinion that the prayer made by the petitioner 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.19/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Haveri, arising out of Crime No.223/2024 registered by Haveri Rural Police * Corrected vide Court order dated 26.09.2025 Sd/- (SVSJ) - 7 - HC-KAR NC: 2025:KHC-D:11686 CRL.P No. 102484 of 2025 Station, Haveri for the offences punishable under Sections 75, 78(2), 126(2), 137(2), 64(2)(M) of BNS Act 2023 and Sections 4, 6, 8, 12 of Protection of Children’s 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. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 20 * Corrected vide Court order dated 26.09.2025 Sd/- (SVSJ) - 8 - HC-KAR NC: 2025:KHC-D:11686 CRL.P No. 102484 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [MEHABOOBALI S/O. BABUSAB NADAF VS. THE STATE OOF KARNATAKA AND ANOTHER] 26.09.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE S.VISHWAJITH SHETTY ORAL ORDER Learned counsel for the petitioner has brought to the notice of this Court that the case number, crime Number and the alleged offences have been wrongly mentioned in the operative portion of the order. The Registry is directed to carry out the necessary correction in the operative portion of the order passed in this petition and thereafter issue fresh certified copy to the parties. Sd/- ( S.VISHWAJITH SHETTY) JUDGE vnp List No.: 1 Sl No.: 4