- 1 - HC-KAR NC: 2025:KHC-D:18406 CRL.P No. 104789 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104789 OF 2025 (438(Cr.PC)/482(BNSS)-) BETWEEN: 1. VENKATESH S/O POTHANNA, AGE: 46 YEARS, OCC: AGRI, R/O: WARD NO 4, NEAR GANESHA TEMPLE, KAPPAGALLU VILLAGE, TQ AND DIST: BALLARY- 583104. 2. SMT. MAREMMA W/O VENKATESH, AGE: 43 YEARS, OCC: AGRI, R/O: WARD NO 4, NEAR GANESHA TEMPLE, KAPPAGALLU VILLAGE, TQ AND DIST: BALLARY- 583104. 3. PAMPAPATHI @ KOLUR POMPAPATHI S/O KOLUR NAGAPPA, AGE: 30 YEARS, OCC: AGRI, R/O: WARD NO 7, NEAR ANJINEYA SWAMY TEMPLE, MOKA VILLAGE, TQ AND DIST: BALLARY- 583104. 4. SHIVARAJ @ SIDIGINAMOLA SHIVARAJA S/O S. VENKATESH, AGE: 26 YEARS, OCC: AGRI, R/O: WARD NO 4. #102, NEAR GANESHA NAGAR, KAPPAGALLU VILLAGE, TQ AND DIST: BALLARY- 583 104. 5. SMT. PAVITHRA S. W/O KOLURU POMPAPATHI, AGE: 21 YEARS, OCC: STUDENT, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18406 CRL.P No. 104789 of 2025 R/O: WARD NO.7, NEAR ANJINEYA SWAMY TEMPLE, MOKA VILLAGE, TQ AND DIST: BALLARY- 583 104. 6. PAKKIRAIAH S/O DYAVANNA, AGE: 66 YEARS, OCC: AGRI, R/O: WARD NO 4, JANATHA COLONY, KAPPAGALLU VILLAGE, TQ AND DIST: BALLARY- 583104. 7. PAMPAIAH S/O PARASAPPA, AGE: 55 YEARS, OCC: AGRI, R/O: KAPPAGALLU VILLAGE, TQ AND DIST: BALLARY- 583 104. …PETITIONERS (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY MOKA PS, TQ: AND DIST: BALLARY REPRESETNED BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD- 580011. 2. VICTIM R/O. WARD NO. 01, MAREMMA TEMPLE ROAD, KORLAGUND VILLAGE, TQ AND DIST: BALLARY- 583 101. …RESPONDENTS (BY SRI. PRAVEEN Y. DEVARADDIYAVARA, HCGP FOR R1, SRI. SANTOSH BIRANAGI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF BNSS, 2023 SEEKING TO ENLARGE THE PETITIONER/ACCUSED NOS.2 TO 8 ON ANTICIPATORY BAIL IN CRIME NO.140/2025 REGISTERED BY MOKA PS TQ AND DIST. BALLARY FOR THE OFFENCES PUNISHABLE U/S. 64(2)(i), 64(2)(m), 352, 351(2) OF THE BHARATIYA NYAYA SANHITA, 2023, AND U/S 4, 5(L), 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND U/S 9 OF THE CHILD MARRIAGE RESTRAINT ACT, AND PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS COURT FTSC-I. BALLARY IN SPL.CASE.1253/2025 IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:18406 CRL.P No. 104789 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners / accused Nos.2 to 8 are before this Court seeking for anticipatory bail in Crime No.140/2025 of respondent police in Spl.Case No.1253/2025 pending on the file of Additional District and Sessions Court, FTSC-I, Ballary for the offences punishable under Sections 64(2)(i), 64(2)(m), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS 2023’) and Sections 4, 5(L), of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’). Factual matrix of the case: 2. The case of the prosecution is that, the complainant being a minor, got acquainted with accused No.1 – Mallikarjuna through Instagram. After they got acquainted with each other, accused No.1 is stated to have committed sexual assault on several occasions and - 4 - HC-KAR NC: 2025:KHC-D:18406 CRL.P No. 104789 of 2025 thereafter, it is stated that accused No.1 has refused to marry her. Hence, the complaint. 3. Heard Sri.Vadiraj P Vadavi, learned counsel for the petitioners, Sri.Praveen Y.Devareddiyavara, learned High Court Government Pleader for the respondent No.1 – State and Sri.Santosh Biranagi, learned counsel for respondent No.2. 4. It is the submission of learned counsel for the petitioners that the petitioners are innocent of the alleged offences. There is an inordinate delay in lodging the complaint. Even if the entire allegations are taken at their face value, no overt-act is attributed against the petitioners to attract the ingredients of the provisions stated in the complaint. They are the earning members of their respective families. The offences levelled against them are neither punishable with death nor imprisonment for life. Hence, they may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioners prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:18406 CRL.P No. 104789 of 2025 5. Per contra, learned High Court Government Pleader for the respondent No.1 vehemently submitted that the victim, being a minor girl, she had been subjected to sexual assault on several occasions by accused No.1. The present petitioners, being the relatives of accused No.1 are stated to have instigated accused No.1 to commit an offence. Therefore, it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader for respondent No.1 prays to dismiss the petition. 6. The learned counsel for respondent No.2 adopted the arguments of learned High Court Government Pleader for respondent No.1 and prays to reject the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears that the present petitioners were instigating the accused No.1 to do certain acts with the victim. However, in my considered opinion, the averments made in the said complaint and in the charge sheet are not sufficient to deny the bail. 8. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:18406 CRL.P No. 104789 of 2025 ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.140/2025 of respondent-police in Spl.Case No.1253/2025 pending on the file of Additional District and Sessions Court, FTSC-I, Ballary for the offences stated supra, on executing personal bond in a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Trial Court. (iii) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioners shall appear before the Trial Court on all hearing dates without fail. In case, if the petitioners violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE RH/UN List No.: 1 Sl No.: 43