- 1 - NC: 2025:KHC-D:646 CRL.P No. 103746 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103746 OF 2024 (439(Cr.PC)/483(BNSS)) BETWEEN: MR. MEHABOOB HITTALMANI S/O. MOULASAB, AGED ABOUT 19 YEARS, OCC. R/AT. AYODHYA NAGAR, 3RD CROSS, OLD HUBBALLI, DHARWAD-580024. … PETITIONER (BY SRI NAVEED AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA BY OLD HUBBALLI POLICE STATION, REP. BY ADDL SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SRI CHANDRU KOPPAD S/O. MALLAPPA, AGED ABOUT 43 YEARS, R/AT. NEAR KARNATAKA ONE, SARAVATHI NAGAR, OLD HUBBALLI, DHARWAD CITY, DHARWAD-580024. … RESPONDENTS (BY SRI JAIRAM SIDDI, HCGP FOR R1; R2-NOTICE SERVED) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS) SEEKING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.246/2024 REGISTERED BY THE 1ST RESPONDENT OLD HUBBALLI POLICE STATION, FOR THE ALLEGED OFFENCE PUNISHABLE U/S 79 R/W 3(5) OF BNS 2023 AND SECTION 12 OF POCSO ACT-2012 PENDING BEFORE II ADDL. DIST AND SESSIONS JUDGE DHARWAD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.18 10:24:35 +0530 - 2 - NC: 2025:KHC-D:646 CRL.P No. 103746 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of regular bail in Crime no.246/2024 by Old Hubballi Police Station for offences punishable under Section 79 read with 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and Section 12 of Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO’), by accused no.2 (petitioner). 2. Sri Naveed Ahmed, learned counsel for petitioner submitted as per prosecution, a complaint was filed by Chandru Koppad (complainant), stated that when his minor daughter (victim) was returning home from school at about 5:30 p.m. on 14.11.2024 near Karnataka One Centre at Sharavathinagar, Hubballi, about three to four persons unknown to her, began following on Dio two wheeler by teasing her and asking for her number by hand signs. When she ignored them and proceeded, they followed her, pulled her hand, despite knowing that she was minor. When she informed same to complainant, he went to spot and verified from CC Camera about incident that it was recorded. On enquiry about perpetrators, she was informed - 3 - NC: 2025:KHC-D:646 CRL.P No. 103746 of 2024 names of accused no.1 and 2 and two others. Based on same, he lodged complaint. Same was registered as Crime no.246/2024 by Old Hubballi Police Station for offences punishable under Section 79 read with 3 (5) of BNS and Section 12 of POCSO. 3. Based on complaint, petitioner was arrested on 15.11.2024. It was submitted, petitioner 20 years of age and working with cable operator. Though innocent, he was falsely implicated. It was submitted, petitioner was merely pillion rider on two wheeler. It was specifically submitted, as per complainant, incident occurred at 5:30 p.m. on 14.11.2024. But, complaint was filed at 1:00 p.m. on 15.11.2024, giving sufficient scope for afterthought. Besides, there were no specific overt acts alleged against him. It was submitted, there were no criminal antecedents and he was only bread earner of his family. It was submitted, if petitioner was not granted bail, in his young age, he would likely mix with hardened criminals in jail, which would spoil his life. On above grounds, sought for allowing bail application. 4. On other hand, Sri Jairam Siddi, learned HCGP for respondent no.1 - State opposed petition. It was submitted, - 4 - NC: 2025:KHC-D:646 CRL.P No. 103746 of 2024 allegations in complaint that accused knowing fully that victim was a minor girl had indulged in teasing, following and touching her inappropriately which would constitute sexual harassment under Section 11 punishable under Section 12 of POCSO. It was submitted, during investigation, age of victim was ascertained to be only 14 years 10 months. And since, matter was still under investigation and others involved are required to be traced, it would not be appropriate to enlarge petitioner on bail. It was also likely that petitioner would repeat offence or threaten witnesses or hamper investigation. Hence, prayed for rejection of petition. 5. Despite being served with notice, there is no representation of respondent no.2 – complainant. 6. Heard learned counsel. 7. From above, point that arises for consideration is: “Whether petitioner is entitled for regular bail with conditions?” 8. From above, it is seen that this petition is by accused no.2 in Crime no.246/2024 by Old Hubballi Police Station for offences punishable under Section 79 read with 3 - 5 - NC: 2025:KHC-D:646 CRL.P No. 103746 of 2024 (5) of BNS and Section 12 of POCSO, whereunder, petitioner was arrested on 15.11.2024. 9. Prosecution case is based on complaint by father of victim that on 14.11.2024 at about 5:30 p.m., when victim his minor daughter was returning home from school, near Karnataka One Centre, Sharavathinagar, accused with others committed offence of sexual harassment and outraging modesty of victim by teasing her, following her and pulling her hand etc., knowing that she was minor. Complainant further stated that incident was recorded in CC Camera, based on which he enquired and found involvement of accused, which had led to their arrest. Though, matter was still under investigation and other accused were yet to be traced, on prima-facie examination of prosecution material, it is seen allegations in complaint are in general against all accused without any specific overt acts against each of them. There are also no specific overt acts alleged against petitioner. While, petitioner claims to be only pillion rider on two wheeler sitting behind accused no.1. None of offences are severe or heinous punishable with death or imprisonment for life. On other hand, they carry maximum sentence of three years. While offence under Section 79 of BNS is bailable. Petitioner claims to be - 6 - NC: 2025:KHC-D:646 CRL.P No. 103746 of 2024 employed with cable operator and no case of criminal antecedents is established. Though, possibility of petitioner jumping bail, attempting to tamper investigation and threaten prosecution witnesses is alleged, there is no material even to substantiate same. Such possibility can be eliminated by imposing appropriate conditions, especially taking note of petitioner’s young age even while having regard to concerns of complainant/victim. 10. Point for consideration is answered in affirmative. Hence, this: ORDER Petition is allowed. Petitioner/accused no.2 is released on bail in Crime no.246/2024 of Old Hubballi Police Station for offences punishable under 79 read with 3 (5) of BNS and Section of 12 of POCSO, subject to following conditions: a) Petitioner/accused no.2 shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for likesum to satisfaction of Court. b) He shall make himself available for purpose of investigation as and when required and co-operate with investigation. c) He shall mark his attendance before Investigating Officer on every alternate Saturday at 11:00 a.m. - 7 - NC: 2025:KHC-D:646 CRL.P No. 103746 of 2024 d) He shall not leave jurisdiction of Dharwad District without prior permission. e) He shall not threaten or tamper with any prosecution witnesses either directly or indirectly. f) He shall not indulge in any criminal activities. g) He shall forthwith inform any change of his residence to Investigating Officer. h) He shall be regular in attending Court proceedings. i) Violation of any condition would entitle prosecution to seek for cancellation of bail. j) It is clarified that views expressed are prima facie and shall not influence final outcome after trial. SD/- (RAVI V.HOSMANI) JUDGE GRD CT:PA List No.: 1 Sl No.: 13