- 1 - HC-KAR NC: 2025:KHC-D:9525 CRL.P No. 102354 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 PETITION NO. 102354 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MR. MANJUNATH S/O. HANUMANTH, AGE 21 YEARS, OCC: LABOUR, R/O: AMBEDKAR NAGAR, GANGAVATHI-583232, TQ: GANGAVATHI, DIST: KOPPAL. … PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY GANGAVATHI TOWN POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SMT. MEENAKSHI S/O. LATE BASAVARAJ, AGE 38 YEARS, OCC: LABOURER, R/O: NEAR VALMIKI CIRCLE, WARD NO. 2, GANGAVATHI-583231,TQ: GANGAVATHI, DIST: KOPPAL. … RESPONDENTS (BY SMT. KIRTILATA R.PATIL, HCGP FOR R1; SHRI R.H. ANGADI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (483 OF BNSS), SEEKING TO GRANT BAIL0 TO THE PETITIONER/ACCUSED IN CRIME NO.165/2024 REGISTERED WITH GANGAVATHI TOWN PS AND PENDING BEFORE ADDL.DISTRICT AND SESSIONS JUDGE, KOPPAL SITTING AT GANGAVATHI IN SPL.SC.POCSO NO.2/2025 FOR THE OFFENCES PUNISHABLE U/S 137(2), 127(4), 64(2)(m) OF BNS AND SECTION 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006. Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.04 15:17:23 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9525 CRL.P No. 102354 of 2025 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. The accused in Special SC POCSO No.2/2025 pending before the Addl. District and Sessions Judge, Koppal, sitting at Gangavathi, arising out of the Crime No.165/2024 registered by Gangavathi Town Police Station for offences punishable under Sections 137(2), 127(4), 64(2)(m) of BNS, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.165 of 2024 was registered by Gangavathi Town Police Station, Koppal initially for the offence punishable under Section 137(2) of BNS, 2023 against the petitioner herein based on the first information - 3 - HC-KAR NC: 2025:KHC-D:9525 CRL.P No. 102354 of 2025 dated 22.10.2024 received from respondent No.2 who is the mother of the victim girl, aged 17 years 5 months, as on the date of registration of the FIR. 4. During the course of investigation, the petitioner and the victim girl were traced together and the petitioner was arrested on 18.11.2024 and remanded to judicial custody. After completing the investigation, charge sheet has been filed against the accused for the aforesaid offences. His bail application filed before the trial Court in SPl. SC. POCSO No.2/2025 was rejected on 19.02.2025. Therefore, he is before the Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition, prays to allow the petition. 6. Per contra, learned HCGP and the learned counsel appearing for the respondent No.2 have strenuously opposed the prayer made in the petition. They submit that, - 4 - HC-KAR NC: 2025:KHC-D:9525 CRL.P No. 102354 of 2025 in the event the petitioner is enlarged on the bail, he is likely to tamper with the material prosecution witnesses. 7. FIR in the present case was submitted on 22.10.2024 by the mother of the victim girl alleging that her minor daughter aged about 17 years 5 months was found missing from their house from 16.10.2024 onwards. Efforts made to trace her had failed and since she suspected petitioner's hand, the FIR was initially registered against the petitioner. During the course of investigation, the petitioner and the victim girl were traced together at Hosakote in Bangalore and they were brought back. The statement of the victim girl under Section 183 of BNSS, 2023 was recorded on 18.11.2024. In the said statement, she has said that the petitioner was following her and was pestering her to love him. One day he had come near her college and had taken her on a bike to Gangavathi Bus Stand. Thereafter, they travelled together in a bus to Bangalore and from Bangalore they went in a auto to Hosakote and stayed in a rented premises at Vaddarahalli Village in Hoskote for a - 5 - HC-KAR NC: 2025:KHC-D:9525 CRL.P No. 102354 of 2025 period of one month. She has stated that, the petitioner was going out for work, while they stayed in the rented premises and he also had sexual intercourse with her against her wishes. 8. From the aforesaid, it appears that, the victim girl aged about 17 years 5 months, as on the date of registration of the FIR had voluntarily accompanied the petitioner and stayed in a rented premises. It is not her case that, when the petitioner went out for work, he used to lock the door of the house, in which they stayed. The petitioner aged about 21 years, having no criminal antecedent, is in custody for the last more than 9 months and the trial in the case is yet to commence. Continued detention of the petitioner in custody amongst hardcore criminals in jail would have an adverse impact on his future career and prospects. 9. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer for grant of regular bail - 6 - HC-KAR NC: 2025:KHC-D:9525 CRL.P No. 102354 of 2025 needs to be answered affirmatively. Accordingly, the following: ORDER (i) The criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Special SC POCSO No.2/2025 pending before the Addl. District and Sessions Judge, Koppal, sitting at Gangavathi, arising out of the Crime No.165/2024 registered by Gangavathi Town Police Station for offences punishable under Sections 137(2), 127(4), 64(2)(m) of BNS, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions: (a) The petitioner – accused 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; - 7 - HC-KAR NC: 2025:KHC-D:9525 CRL.P No. 102354 of 2025 (b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; (c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner shall not involve in similar offences in future. (e) The petitioner 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.: 19