- 1 - NC: 2025:KHC-D:421 CRL.P No. 103827 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103827 OF 2024 (439(CR.PC)/483(BNSS)) BETWEEN: MANJUNATH S/O. SHIVAPPA SANNIGAPPANAVAR, AGE: 29 YEARS, OCC: WATER MAN, R/AT: NEERALGI, TQ: SHIGGAON, DIST: HAVERI-581 205. … PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, TADAS POLICE STATION, HAVERI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SHRI. YALLAPPA S/O. CHANNABASAPPA SUNAGAR, AGE: 48 YEARS, OCC: FARMER, R/AT: NEERALGI, TQ: SHIGGAON, DIST: HAVERI-581 205. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL AS ATTACHED IN TADAS POLICE STATION CRIME NO.87/2024 FOR THE OFFENCE PUNISHABLE U/SEC. 64(1), 78 AND 332 OF BNS B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.16 10:11:24 +0530 - 2 - NC: 2025:KHC-D:421 CRL.P No. 103827 of 2024 2023 AND U/S 4 AND 8 OF POCSO ACT, 2012 WHICH IS NOW PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, AT: HAVERI IN SPL. SC.NO.90/2024, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, who is facing charges for offences punishable under Sections 64(1), 78, and 332 of the Bharatiya Nyaya Sanhita, 2023 (for short, “the BNS Act”) and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, has approached this Court seeking regular bail. 2. The case of the prosecution is that a complaint was filed by the father of the survivor on 28.08.2024, alleging that on 16.07.2024, while he and his wife were out of town, leaving their children, including the survivor, alone at home, the accused trespassed into their house around 4:00 a.m., took the survivor to a room in the house, and allegedly had forcible sexual intercourse with the survivor. Upon returning home, the - 3 - NC: 2025:KHC-D:421 CRL.P No. 103827 of 2024 complainant and his wife came to know about the alleged acts of the accused. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader (HCGP) for Respondent No.1-State. 4. The father of the survivor is present before this Court, identified by the learned HCGP for Respondent No.1- State, and he has expressed no objection to the bail petition being allowed. 5. The final opinion of the doctor who examined the survivor indicates that the survivor visited the hospital 43 days after the incident. No forensic samples were collected due to the delay, and there were no signs of forcible physical violence or sexual assault. However, hymenal tears were observed, and the possibility of sexual violence could not be conclusively ruled out. The survivor, aged about 17 years at the time of the incident, has not provided any explanation for the delay in lodging the First Information Report (FIR), which was filed on 28.08.2024, more than a month after the alleged incident on 16.07.2024. 6. Whether the case involves forcible sexual intercourse or consensual acts is a matter for determination - 4 - NC: 2025:KHC-D:421 CRL.P No. 103827 of 2024 during trial. The investigation has been completed, and the petitioner is no longer required for further investigation. Prolonged pre-trial detention would contravene the principles of liberty enshrined in Article 21 of the Constitution of India. 7. In view of the above, the petitioner has made out a prima facie case for grant of bail. Accordingly, I pass the following: ORDER a. The petition is allowed. b. The petitioner/accused is enlarged on bail in Crime No.87/2024, registered by Tadas Police Station, pending on the file of Additional District and Sessions Judge, FTSC-I At Haveri for the offences punishable under Sections 64(1), 78 and 332 of BNS Act, 2023, subject to following conditions: i. Petitioner/accused shall furnish indemnity bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. ii. He shall appear before the Court as and when required. iii. He shall not threaten or allure the prosecution witnesses in whatsoever manner. - 5 - NC: 2025:KHC-D:421 CRL.P No. 103827 of 2024 iv. He shall not get involved in similar offences. v. He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:BCK LIST NO.: 2 SL NO.: 6