- 1 - HC-KAR NC: 2025:KHC-D:9901 CRL.P No. 102758 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102758 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: HAJARATALI @ HAZARATALI A. MITTEKHAN S/O. ABDUL KHADAR, AGE. 47 YEARS, OCC. POLICE HEAD CONSTABLE, GHANTIKERI P.S., HUBBALLI, R/O. SANGOLLI PLOT, LAKAMANA HALLI, INDUSTRIAL AREA, BEHIND MEHABOOB SAW MILL, DHARWAD, TQ. DHARWAD, DIST. DHARWAD-580 004. … PETITIONER (BY SRI. K.S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY POLICE SUB INSPECTOR, GHANTIKERI POLICE STATION, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD, R/BY SENIOR PUBLIC PROSECUTOR, COURT COMPLEX, DHARWAD-580 001. 2. ARIF KHAN S/O. KHAYUM KHAN, AGE. 32 YEARS, OCC. BUSINESS, R/O. SONIYA GANDHI NAGAR, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 030. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. SADIQ KANAVI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST BY GRANTING ANTICIPATORY BAIL IN GHANTIKERI P.S. CRIME NO.33/2025 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 10 OF POCSO ACT, 2012 AND SECTION 75(2) OF BHARATIYA NYAYA SANHITA (BNS), 2023, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9901 CRL.P No. 102758 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.33/2025 registered by the Ghantikeri Police Station, Hubballi Dharwad City for offences punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 75(2) of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.33/2025 was registered by the Ghantikeri Police Station, Hubballi Dharwad City for the aforesaid offences against the petitioner herein based on the first information dated 28.06.2025 received from respondent No.2, who is the father of the victim girl aged about 7 years. Apprehending arrest in the case, petitioner had filed Criminal Miscellaneous No.283/2025 before the Jurisdictional Sessions Court which was rejected on 10.07.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:9901 CRL.P No. 102758 of 2025 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner is the Police Constable. Since there was a dispute between the husband and wife, petitioner had helped the wife for negotiating settlement of the dispute. It is under these circumstances, a false complaint has been filed by respondent No.2 husband. He submits that there is inordinate delay in approaching the Police and the first information is registered in the present case after the wife had approached the Police alleging that the first informant had forcibly taken their minor daughter who was in her custody. He accordingly prays to allow the petition. 5. Per contra, learned HCGP and the learned counsel for respondent No.2 have seriously opposed the petition. They submit that victim girl has made allegations against the petitioner in her statement recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 and also before the Doctor who has medically examined her which would clearly attract the alleged offence. Petitioner, who is a Police Constable has not only misbehaved with the minor girl, but it appears that - 4 - HC-KAR NC: 2025:KHC-D:9901 CRL.P No. 102758 of 2025 he also had illicit relationship with the wife of the first informant. Since the Police had not initially registered the FIR, the first informant had approached this Court in W.P. No.103959/2025 seeking a writ of mandamus and only thereafter FIR was registered in the present case. Considering the nature of allegations found against the petitioner, his custodial interrogation becomes necessary. Accordingly, they pray to dismiss the petition. 6. In the first information which is submitted by the father of the victim girl, he has stated that from the wedlock with his wife Smt. Minaj, the victim girl was born on 29.07.2018. His wife had left his house on 07.05.2025 along with the minor daughter and after five days she had approached the Jamat seeking divorce. On the day the first informant went to Jamat, his wife had given custody of his minor daughter to him. His minor daughter allegedly informed him subsequently that the petitioner was visiting the house in which the victim girl and her mother stayed after her mother had deserted the first informant. He has also stated that the victim girl had refused to go to her mother for the reason that - 5 - HC-KAR NC: 2025:KHC-D:9901 CRL.P No. 102758 of 2025 the petitioner had misbehaved with her and he had touched her private parts inappropriately. It is under these circumstances, FIR was registered against the petitioner for the aforesaid offences. 7. Material on record would go to show that the first informant had approached this Court in W.P. No.103959/2025 with the prayer to issue a writ of mandamus to the concerned Police Station to register the FIR against the petitioner and the said writ petition was dismissed as infructuous on 30.06.2025 on the ground that FIR was already registered by Bendigeri Police Station. Therefore, the delay, if any, in approaching the Police is found explained in the present case. 8. The victim girl has made categorical allegations against the petitioner in her statement recorded under Section 183 of Bharatiya Nyaya Sanhita, 2023 by the jurisdictional Magistrate which would prima facie attract the alleged offences. Even before the Doctor who has examined the victim girl, she has made similar allegations against the petitioner. It appears that after the mother of the victim girl had deserted her husband, who is the first informant in the present case, she - 6 - HC-KAR NC: 2025:KHC-D:9901 CRL.P No. 102758 of 2025 was staying in a rented premise along with the victim girl. During the course of investigation, the Investigating Officer has recorded the statements of neighbourers of the said house, in which the victim girl and her mother were staying. The said witnesses have stated that the petitioner was visiting the said house regularly in which the victim girl and her mother were staying. 9. In the statement of the victim girl, made before the jurisdictional Magistrate and also before the Doctor, who has medically examined her, she has also stated that petitioner was misbehaving with her mother. It is relevant to note that there is presumption under Section 29 of the POCSO Act and the said presumption arises against the accused the moment the foundational facts are made out by the prosecution. In the case on hand, I am of the opinion that the foundational facts which are necessary to make out a prima facie case is found and therefore, the presumption under Section 29 of the POCSO Act arises against the petitioner. Petitioner is a Police Constable and therefore, the alleged act committed by him is punishable under Section 10 of the POCSO Act. The minimum punishment - 7 - HC-KAR NC: 2025:KHC-D:9901 CRL.P No. 102758 of 2025 for the alleged offences is imprisonment for a period of five years which could extend up to seven years. 10. Considering the aforesaid aspects of the matter, I am of the opinion that it is not a fit case wherein the discretionary relief of anticipatory bail needs to be extended to the petitioner. Accordingly, the following: ORDER Criminal petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 23