- 1 - HC-KAR NC: 2025:KHC-D:16752 CRL.P No. 104453 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104453 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. ARUN S/O. VENKATESH MALOTAR, AGE. 20 YEARS, OCC. DRIVER, R/O. GAJENDRAGAAD, LAMANI TANDA, TQ. GAJENDRAGAD, DIST. GADAG, PIN-583229. …PETITIONER (BY SRI. PRAVEENKUMR G., ADVOCATE FOR SRI. ANAND R.KOLLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, THROUGH GAJENDRAGAD POLICE STATION, DIST. GADAG. 2. SMT. SAKRAVVA W/O. RATNAPPA MALOTTAR, AGE. 52 YEARS, OCC. HOME MAKER, R/O. GAJENDRAGAAD, LAMANI TANDA, TQ. GAJENDRAGAD, DIST. GADAG, PIN-583229. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. V.M. BANAKAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ENLARGED ON REGULAR BAIL PENDING BEFORE ADDITIONAL DISTRICT AND SESSION JUDGE GADAG IN SC (POCSO) NO.77/2025 (IN CONNECTION WITH CRIME NO.100/2025 REGISTERED BY THE GAJENDRAGAD POLICE STATION DISTRICT GADAG) FOR AN OFFENCE PUNISHABLE UNDER SECTIONS 137(2), 64(2)(M) OF BNS AND SECTIONS 4 AND 6 OF POSCO ACT AND ETC. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16752 CRL.P No. 104453 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 petitioner is the sole accused seeking for grant of regular bail in Crime No.100/2025 of respondent No.1/Police for the offences punishable under Sections 137(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 20231 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 20122. Brief facts of the case 2. The case of the prosecution is that the petitioner is stated to have kidnapped the victim on the pretext of marry her and also committed sexual assault on her knowingly that she was minor. Thereafter, the victim was 1 For short ‘BNS, 2023’ 2 For short ‘POCSO Act’ - 3 - HC-KAR NC: 2025:KHC-D:16752 CRL.P No. 104453 of 2025 secured by the respondent police. The brother of the victim had lodged a complaint in that regard. 3. Based on the complaint, Respondent No.1 – Police registered a case in Cr.No.100/2025 against the petitioners. After completion of investigation, submitted the charge-sheet for the aforesaid offences. 4. Heard Sri. Praveen Kumar G., learned counsel for Sri. Anand R. Kolli, learned counsel for the petitioner, Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1/State and Sri.V.M.Banakar, learned counsel for respondent No.2. 5. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences. In fact, the victim had informed the petitioner that she was willing to marry him. - 4 - HC-KAR NC: 2025:KHC-D:16752 CRL.P No. 104453 of 2025 6. It is further submitted that both the petitioner and the victim have travelled to difference places in a public transport and the victim had not disclosed her actual age to the petitioner. The petitioner after coming to know the actual age of the victim, he voluntarily brought her back to the police station. 7. It is further submitted that the petitioner is aged about 20 years and he was working as a driver and he is the permanent resident of Gajendragad, Lammani Tanda. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 8. Per contra, learned High Court Government Pleader for respondent No.1 - State vehemently submitted that the petitioner has committed sexual assault on the victim. The victim was minor as on the date of the incident. Since, the offences are heinous in nature. It is not - 5 - HC-KAR NC: 2025:KHC-D:16752 CRL.P No. 104453 of 2025 appropriate to allow the petition. Making such submissions, he prays to reject the petition. 9. Similarly, respondent No.2 adopted the arguments of learned HCGP and prays to reject the petition. 10. Having heard learned counsel for the respective parties and on perusal of the averments of the charge- sheet, it appears from the record that the petitioner and the victim were loving each other with an intention to marry each other. They eloped from the respective houses and they were staying away from their parents. Subsequently, they voluntarily appeared before the respondent police. 11. Having considered the nature and gravity of the offences and facts and circumstances of the case, it is appropriate to grant him bail by considering age of the petitioners and his application. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:16752 CRL.P No. 104453 of 2025 ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.100/2025 of respondent No.1/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The petitioner shall appear before the Trial Court on all hearing dates without fail. (c) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the - 7 - HC-KAR NC: 2025:KHC-D:16752 CRL.P No. 104453 of 2025 prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 25