- 1 - HC-KAR NC: 2025:KHC-D:9547 CRL.A No. 100351 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100351 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: SHARMATHALI @ ARIF S/O. RAFIIK MULLA @ SHAIK, AGE 23 YEARS, OCC: DRVIER, R/O. WACHA, TALUK CHITTAPUR, DISTRICT KALABURGI-585317. … PETITIONER (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH SHIGGAON P.S., REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. GANGAVVA W/O. DURGAPPA AVAGI, AGE 34 YEARS, OCC: LABOURER, R/O: WARD Nos.4 & 5, JAYANAGAR, SHIGGAON, TQ: SHIGGAON, DIST. HAVERI-581205. … RESPONDENTS (BY SMT. KIRTILATA R.PATIL, HCGP FOR R1; RESPONDENT NO.2 – SERVED UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/SEC.14A(2) OF SC/ST ACT, SEEKING TO ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE ORDER DATED 27.03.2024 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, HAVERI, IN SPL.. SC AND ST NO.08/2024 AND CONSEQUENTLY RELEASE THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCE P/U/SEC. 363, 344, 376(2)(n) OF IPC AND ALSO U/SEC. 4 AND 6 OF THE POCSO ACT 2012 AND THE OFFENCES P/U/SEC. 3(1)(w)(i)(ii) AND 3(2)(v) AND 3(2)(va) OF SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 IN SPL. SC AND ST NO.08/2024 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, HAVERI. Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.04 15:17:20 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9547 CRL.A No. 100351 of 2025 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. For the reasons stated in the memorandum of facts filed in support of the application and also considering the fact that the appeal is filed by the accused, who is in custody, the delay of 345 days caused in filing the appeal is condoned. Accordingly, I.A. No.1/2025 stands allowed. 2. The accused in Spl. SC and ST No.8/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Haveri, arising out the Crime No.134/2023 registered for offences punishable under Section 363, 344, 376(2)(n) of the IPC, Sections 4 and 6 of the POCSO Act and Sections 3(1)(w)(i)(ii), 3(2)(v) and 3(2)(va) of SC & ST (Prevention of Atrocities) Amendment Act, 2015 is before this Court in this criminal appeal filed under Section 14A(2) of the SC and ST (POA) Act seeking regular bail. - 3 - HC-KAR NC: 2025:KHC-D:9547 CRL.A No. 100351 of 2025 3. Heard the learned counsel for the appellant and the learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.134 of 2023 was registered by Shiggaon Police Station, Shiggaon Circle, Haveri District initially for the offence punishable under Section 363 of the IPC against unknown persons, based on the first information dated 12.11.2023 received from respondent No.2, who is the mother of the victim girl, who was aged about 17 years, as on the date of registration of FIR. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner was arrested on 19.11.2023 and subsequently remanded to the judicial custody. After completing the investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court in Spl. SC and ST No.8/2024 was rejected on 27th March 2024. Therefore, he is before this Court. - 4 - HC-KAR NC: 2025:KHC-D:9547 CRL.A No. 100351 of 2025 5. Perusal of the material would go to show that the victim girl, who was aged about 17 years was found missing from her house on 09.11.2023, efforts made to trace her had failed, and therefore, respondent No.2, who is the mother of the victim girl, had approached the Police on 12.11.2023. During the course of investigation, the petitioner and the victim girl were traced together in the village of the petitioner. The petitioner was arrested on 19.11.2023 and subsequently remanded to judicial custody. The statement of the victim girl under Section 164 of the Cr.P.C. was recorded in the present case on 06.12.2023 In the said statement, the victim girl has stated that about one year earlier, her engagement was performed with one Kumar and it was also decided to perform her marriage with him. Subsequently, she got acquainted to the petitioner through Instagram and they were exchanging messages. About one month earlier, the petitioner came to Shiggaon and they together travelled to Kalaburagi and stayed in the house of the petitioner and they had sexual intercourse. - 5 - HC-KAR NC: 2025:KHC-D:9547 CRL.A No. 100351 of 2025 She has said that, the Police who came to the house of the petitioner brought them back. 6. The petitioner is aged about 22 years having no other criminal antecedents; he is in custody for the last 21 months. The trial in the case is yet to commence. The prosecution has in all cited 36 charge sheet witnesses in the present case. The material on record, more so, the statement of the victim girl under Section 164 of the Cr.P.C. would go to show that the victim girl aged 17 years had voluntarily accompanied the petitioner and had stayed with him in his house at Kalaburagi. She has not alleged that the petitioner had sexual intercourse with her forcibly against her wishes. The continued detention of the petitioner in custody amongst hardcore criminals in jail would have an adverse impact on his future career and prospects. 7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the appellant - 6 - HC-KAR NC: 2025:KHC-D:9547 CRL.A No. 100351 of 2025 needs to be answered affirmatively. Accordingly, the following: ORDER (i) The criminal appeal is allowed. (ii) The order dated 27th March 2024 passed in Spl. SC and ST No.8/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Haveri, arising out the Crime No.134/2023 registered for offences punishable under Section 363, 344, 376(2)(n) of the IPC, Sections 4 and 6 of the POCSO Act and Sections 3(1)(w)(i)(ii), 3(2)(v) and 3(2)(va) of SC & ST (Prevention of Atrocities) Amendment Act, 2015 dismissing the regular bail application of the appellant is set aside and the appellant is directed to be enlarged on bail, subject to the following conditions: (a) The appellant – accused No.1 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (b) The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 7 - HC-KAR NC: 2025:KHC-D:9547 CRL.A No. 100351 of 2025 (c) The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The appellant shall not involve in similar offences in future. (e) The appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK List No.: 1 Sl No.: 29