- 1 - HC-KAR NC: 2025:KHC-D:12698 CRL.P No. 103470 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103470 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI HEMANT S/O SHANKRAPPA LAMANI, AGE. 24 YEARS, OCC. COOLIE, R/O. HATTIMATTUR TANDA, TQ. SAVANUR, DIST. HAVERI-581 110. … PETITIONER (BY SRI. DALWAI VIDYASHANKAR GADIGEPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH SAVANOOR POLICE STATION, SHIGGAON SUB DIVISION, HAVERI-581 118. 2. SMT. MEERAVVA NAGAPPA LAMANI, R/AT: HATTIMATTUR, TQ. SAVANUR, DIST. HAVERI. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. GANAPATI BHAT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THE PETITION FILED UNDER SECTION 483 OF B.N.S.S. AND ENLARGE THE PETITIONER (ACCUSED NO.1) ON REGULAR BAIL IN CRIME NO.203/2024 OF SAVANOOR PS, PENDING ON THE FILE OF COURT OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I AT HAVERI, FOR THE OF OFFENCES PUNISHABLE UNDER SECTIONS 137(2) AND 64 OF BNS AND UNDER SECTIONS 4, 6, 8 OF THE POCSO ACT, 2012. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12698 CRL.P No. 103470 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Spl.SC.No.2/2025 pending before the Additional District and Sessions Court, FTSC-I, Haveri, arising out of Crime No.203/2024 registered by Savanoor Police Station, for the offences punishable under Sections 137(2) and 64 of BNS and under Sections 4, 6, 8 of the POCSO 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.203/2024 was registered by Savanoor Police Station, initially for the offences punishable under Section 137(2) of BNS against the petitioner based on the first information dated 30.10.2024 received from respondent No.2 who is the mother of the victim girl who was aged 17 years as on the date of registration of FIR. During the course of investigation, petitioner was arrested - 3 - HC-KAR NC: 2025:KHC-D:12698 CRL.P No. 103470 of 2025 on 30.11.2024 and 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 Spl.S.C.No.2 of 2025 was rejected on 07.07.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that victim girl aged 17 years, who is the daughter of respondent no.2 was found missing from their house on 29.10.2024. Efforts made to trace her had failed and therefore on the next day, first informant had approached Savanoor Police Station and based on her first information, FIR was registered against unknown person for offence punishable under Section 137(2) of BNS 2023. During the course of investigation, the petitioner and the victim girl were traced. Petitioner was arrested on 30.11.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. - 4 - HC-KAR NC: 2025:KHC-D:12698 CRL.P No. 103470 of 2025 5. Statement of the victim girl under Section 183 of BNS 2023 was recorded by the Jurisdictional Magistrate on 08.11.2024. Victim girl has stated that petitioner who was working as a Contractor in a coffee estate had taken her and her mother to the said coffee estate at Shuntikoppa for work. Petitioner allegedly had proposed to the victim girl in the said estate. Subsequently, during the Deepavali festival, they returned to their village and petitioner allegedly called the victim girl and asked her to come along with him. Thereafter, petitioner took her in his motorbike to the railway station at Yaluvigi village and from the said railway station, they travelled in a train to Arasikere village and from there, they had travelled to Chattahalli village in a bus. From Chattahalli, they had travelled to Shuntikoppa in a bus and had stayed in a room in the coffee estate in which they had earlier worked. In the said room, petitioner had sexual intercourse with her against her wishes. She has stated that they stayed in the estate for 2 days and thereafter, returned to Arasikere in a train and petitioner - 5 - HC-KAR NC: 2025:KHC-D:12698 CRL.P No. 103470 of 2025 had left her near Haveri Railway station and thereafter, she had called her uncle and had returned to her house. He has also stated that petitioner is due to pay them a sum of ₹30,000/- and petitioner is not ready to marry her. 6. Respondent no.2 who is the mother of the victim girl is present in person before the Court. She has stated that petitioner is the paternal uncle of the victim girl. Therefore, marriage between the petitioner and the victim girl cannot be performed. She has stated that she has no objection to grant bail to the petitioner. Undisputedly, petitioner has no other criminal antecedent. He is in custody for the last more than 9 months. The trial in the case is yet to commence. It appears that the petitioner was aged about 24 years and victim girl was aged about 17 years at the time of registration of FIR. Considering the aforesaid aspects of the matter, 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: - 6 - HC-KAR NC: 2025:KHC-D:12698 CRL.P No. 103470 of 2025 ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Spl.SC.No.2/2025 pending before the Additional District and Sessions Court, FTSC-I, Haveri, arising out of Crime No.203/2024 registered by Savanoor Police Station, for the offences punishable under Sections 137(2) and 64 of BNS and under Sections 4, 6, 8 of the POCSO 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 - 7 - HC-KAR NC: 2025:KHC-D:12698 CRL.P No. 103470 of 2025 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.: 27