- 1 - HC-KAR NC: 2025:KHC-D:16490 CRL.P No. 104269 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104269 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SHANTA KUMAR S/O. MOHAN, AGE. 18 YEARS, OCC. STUDENT, R/O. WARD NO.31, 11TH CROSS, CANTONMENT, TQ. HAGARIBOMMANAHALLI, DIST. BALLARY-583104. …PETITIONER (BY SRI. VADIRAJ P.VADAVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BALLARI WOMEN P.S., TQ. AND DIST. BALLARY, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580011. 2. SMT. NAGAMMA W/O. SHIVAPPA, AGE. 48 YEARS, OCC. HOUSEWIFE, R/O. WARD NO.20, PLOT NO.8, 4TH CROSS, RENUKACHARYA NAGAR, GANDHINAGAR, TQ. AND DIST. BALLARY-583101. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. SURESH S.SHETTEMMANAVAR, ADVOCATE AND SRI. VINAYKUMAR G.G, ADVOCATE FOR R2) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16490 CRL.P No. 104269 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, ENLARGE THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.130/2025 REGISTERED BY BALLARY WOMEN PS, TQ AND DIST. BALLARY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8 AND 12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND UNDER SECTION 351, 920 OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BALLARI AND ETC.,. 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 petitioner/accused No.1 is before this Court seeking for grant of anticipatory bail in Crime No.130/2025 of respondent-police for the offences under Sections 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. Brief facts of the case: 2. The case of the prosecution is that, the complainant lodges a complaint stating that her daughter was studying in First year PUC during the year 2023-24. Her - 3 - HC-KAR NC: 2025:KHC-D:16490 CRL.P No. 104269 of 2025 daughter was under depression, for which, she was taking treatment. Accused Nos.1, 2 and 3 were acquainted with the victim through social media. It is alleged that, accused No.1 with an intention to commit sexual assault on the victim, took her to Anoop Garden situated at Havambhavi area, Ballari and made her to smoke cigarette and also made her to consume alcohol. After the victim had consumed alcohol, it is alleged that accused No.1 was touching the victim inappropriately. The accused No.2 recorded the video of the said incident in his mobile. Thereafter, it is alleged that, accused No.2 was insisting her that she should love him or else he would ruin her reputation. Accused No.3 was also present and he was also trying to kiss her. It is alleged against accused No.3 is that he was made her to consume ganja. 3. Based on the complaint, the respondent-police have registered a case against the accused persons for the offences stated supra. The investigation is under progress. - 4 - HC-KAR NC: 2025:KHC-D:16490 CRL.P No. 104269 of 2025 4. Heard Sri. Vadiraj P. Vadavi, learned counsel for the petitioner, Sri. Praveen Y. Devareddi, learned High Court Government Pleader for respondent No.1-State and Sri. Suresh S. Shettemmanavar, learned counsel for respondent No.2. 5. The submission of the learned counsel for the petitioner is that, the alleged incident had occurred in the year 2023-24. However, a complaint came to be filed in the year 2025 in the month of September. The allegation made against the petitioner/accused No.1 is that, he was touching the victim inappropriately after making her to consume alcohol. However, there is inordinate delay in lodging the complaint would go to the root of the case of the prosecution. Hence, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 6. Per contra, the learned counsel for respondent No.2 submitted that, the victim was minor as on the date of incident. The victim was forced to smoke cigarette and - 5 - HC-KAR NC: 2025:KHC-D:16490 CRL.P No. 104269 of 2025 consume alcohol. The said act was heinous in nature. The victim after the incident had narrated the incident to the complainant. The petitioner being a young boy has committed atrocity against the victim. If the petitioner is released on bail, he would be detrimental to the Socity. Therefore, it is appropriate to reject the bail. Making such submissions, learned counsel for respondent No.2 prays to reject the bail petition. 7. Learned High Court Government Pleader for respondent No.1-State adopted the arguments of the learned counsel for the respondent No.2 and contended that, accused No.1 has committed heinous offence. Hence, it is not appropriate to grant him bail. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that, the alleged incident of making the victim to smoke cigarette and consume alcohol had taken place in the year 2023-24. However, after lapse of one and half year, a complaint came - 6 - HC-KAR NC: 2025:KHC-D:16490 CRL.P No. 104269 of 2025 to be registered against the accused. Though, it is alleged that, accused No.1 has committed offence under the provisions of POCSO Act, the fact remains that, lodging the complaint after lapse of one and half year is the reason for considering the bail application. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner/accused No.1 is ordered to be enlarged on bail in the event of his arrest in Crime No.130/2025 of respondent-police for the offences under Sections 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Investigating Officer. - 7 - HC-KAR NC: 2025:KHC-D:16490 CRL.P No. 104269 of 2025 (iii) The petitioner shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (iv) The petitioner shall co-operate with investigation till filing of the charge sheet. (v) The petitioner shall mark his attendance before the jurisdictional police once in a month, on Saturday between 10.00 a.m. and 2.00 p.m., till filing of the charge sheet. (vi) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (vii) The petitioner shall appear before the Trial Court on all hearing dates without fail. (viii) The petitioner shall not commit any criminal cases till disposal of the case. - 8 - HC-KAR NC: 2025:KHC-D:16490 CRL.P No. 104269 of 2025 In case, if the petitioner 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 SMM/CT: UMD List No.: 1 Sl No.: 17