- 1 - HC-KAR NC: 2025:KHC-D:15264 CRL.P No. 103981 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 07TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 103981 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: NAGARAJA S/O LATE G.YARRAPPA AGE. 30 YEARS, OCC. DRIVER, R/O. SHIVAPURA, GOLLARHATTI VILLAGE, KUDLIGI TQ., VIJAYANAGARA DIST-583 135. …PETITIONER (BY SRI B. ANWAR BASHA, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA, (THROUGH WOMEN P S BALLARI), R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580 001. 2. SIRIYAPPA S/O LATE SIRIYAPPA AGE. 38 YEARS, OCC. FARMER, R/O. SHIVAPURA, GOLLARHATTI VILLAGE, TQ: KUDLIGI, DIST: VIJAYANAGARA-583 135. …RESPONDENTS (BY SRI JAIRAM SIDDI, HIGH COURT GOVERNMENT PLEADER FOR R1; NOTICE TO R2 IS SERVED.) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15264 CRL.P No. 103981 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL. CASE NO.661/2025, IN CONNECTION WITH CRIME NO.18/2025 REGISTERED IN WOMEN P.S. BALLARI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 137(2), 96, 64(2)(M), 49, 351(2) OF BHARATIYA NYAYA SANHITA, 2023 AND SECTION 4, 5(L) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND SECTION 9 OF CHILD MARRIAGE ACT, 2006, PENDING BEFORE THE 1ST ADDITIONAL DISTRICT AND SESSIONS, FTSC JUDGE, BALLARI, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) This Court directed the learned High Court Government Pleader to keep the victim present before this Court. The High Court Government Pleader submitted that today the victim is unable to appear before this Court due to some personal inconvenience. Considering the said submission, her presence is exempted. 2. The petitioner, who is arraigned as accused No.1, in Crime No.18/2025 of respondent police, pending on the file of I Additional District and Sessions (FTSC) Judge, - 3 - HC-KAR NC: 2025:KHC-D:15264 CRL.P No. 103981 of 2025 Ballari, in Spl. Case No.661/2025, registered for the offences punishable under Sections 137(2), 96, 64(2)(m), 49, 351(2) of Bharatiya Nyaya Sanhita, 2023 and Section 4, 5(L) and 6 of POCSO Act, 2012 and Section 9 of Child Marriage Act, 2006, is before this Court seeking for regular bail. FACTUAL MATRIX OF THE CASE: 3. The case of the prosecution is that, the daughter of the complainant was studying diploma in Polytechnic College. She was staying in BCM hostel situated at Ballari. On 02.02.2025, around about 04.00 p.m., the daughter of the complainant had spoken with him. He called his daughter over a phone. However, the said phone found to be switched off. Thereafter, he came to Ballari and searched for her whereabouts. As he could not get the details of her whereabouts, suspecting the involvement of someone, who might have kidnapped his daughter, he lodged a complaint before the respondent police. The respondent police after - 4 - HC-KAR NC: 2025:KHC-D:15264 CRL.P No. 103981 of 2025 registering the case, conducted investigation. During the investigation, they found involvement of the petitioner. After securing the victim, the respondent police recorded her statement. The said statement would indicate that the present petitioner was known to her and he was insisting her to love him. He used to visit the hostel and insisted her to love him. On 02.02.2025, around about 11.30 a.m., the said Nagaraj came in his Bolero vehicle and asked her to come to the vehicle on the pretext of taking her with him. Though, she refused to go along with him, he insisted her and took her in his vehicle. Thereafter, he went to Anjanadri Hill and tied the Thali forcibly in spite of her resistance.. Thereafter, he took her to an isolated area and committed sexual assault. Thereafter, on receiving the information that complaint was lodged before the respondent police regarding missing of her, he took her to Bangalore by bus. They travelled to Bangalore by bus and stayed there for one week and thereafter they went to Dharmasthala, Mysore, Sirsi, Murdeshwara. Thereafter, on 03.03.2025, he took her - 5 - HC-KAR NC: 2025:KHC-D:15264 CRL.P No. 103981 of 2025 to the Court at Balari and produced her before the Magistrate. The respondent police after conducting investigation, submitted the charge sheet. 4. Heard Sri B.Anwar Basha, learned counsel for the petitioner and Sri Jairam Siddi, learned High Court Government Pleader for the respondent State and perused the material placed before the Court. 5. It is the submission of learned counsel for the petitioner that, the complaint averments would indicate that the age of victim is 17 years 08 months. However, there is no relevant document produced along with the charge sheet to determine the age of the victim. In fact, the victim had confessed before the petitioner that she had completed 18 years and she was willing to marry him and went voluntarily along with him to Anjanadri Hill and there he married her. Thereafter, without any resistance they went to Bangalore through public transport and stayed there for one week. - 6 - HC-KAR NC: 2025:KHC-D:15264 CRL.P No. 103981 of 2025 Such being the fact, she made her statement under the influence of the complainant and family members, she 6. It is further submitted that, the petitioner is aged about 30 years and working as a driver and he is the only earning member of the family and also permanent resident of Shivapura, in Kudligi Taluk. He will abide the conditions imposed by this Court, in event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, learned High Court Government Pleader for the respondent State vehemently submitted that, the victim is minor as on the date of alleged marriage and also she was minor as on the date of alleged sexual assault committed to her. Merely because, she has travelled to Bengaluru in a public transport, that doesn't mean that she travelled voluntarily. Even assuming that she travelled voluntarily, the fact remains that, she was minor as on the date of the said kidnap and sexual assault. Therefore, the - 7 - HC-KAR NC: 2025:KHC-D:15264 CRL.P No. 103981 of 2025 petitioner is not entitled for grant of bail. Making such submissions, learned High Court Government Pleader prays for rejection of the petition. 8. Having heard the learned counsels for the respective parties and also perused the averments of the charge sheet, it would indicate that the victim and the petitioner were loving each other. She was studying in second year diploma in Ballari Polytechnic College. She was staying in hostel. She went along with the petitioner on 02.02.2025 and stayed along with him for considerable length of time. On 03.03.2025, she came back and surrendered before the trial Court at the instance of the petitioner. 9. Having considered the said aspect and also considering the age of the victim, it is appropriate to grant bail by imposing suitable conditions. Accordingly, I proceed to pass the following: - 8 - HC-KAR NC: 2025:KHC-D:15264 CRL.P No. 103981 of 2025 ORDER i) The petition is allowed. ii) The petitioner/accused No.1 is ordered to be enlarged on bail in Crime No.18/2025 of respondent police, pending on the file of I Additional District and Sessions (FTSC) Judge, Ballari, in Spl. Case No.661/2025, on executing his personal bond for a sum of Rs.1,00,000/- (One Lakh Rupees) along with one surety for the like sum, to the satisfaction of the Trial Court. iii) The petitioner shall not threaten the prosecution witnesses. iv) The petitioner shall appear before the Court on all hearing dates without fail. v) The petitioner shall not commit any or similar offences till disposal of the case. - 9 - HC-KAR NC: 2025:KHC-D:15264 CRL.P No. 103981 of 2025 In the event of violation of any of the conditions as imposed above, the learned High Court Government Pleader is at liberty to move for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK CT: VP LIST NO.: 1 SL NO.: 18