- 1 - HC-KAR NC: 2025:KHC-D:11778 CRL.P No. 103354 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103354 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: DARSHAN S/O BUDDAPPA BANDIVADDAR @ VADDAR, AGE. 22 YEARS, OCC. LABOURER, R/O. CHINCHALI, TQ. AND DIST. GADAG, PIN-582 117. … PETITIONER (BY SRI. V.M. BANAKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH RANEBENNUR RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT KARNATAKA, DHARWAD BENCH, AT DHARWAD-580 011. 2. SMT. POOJA W/O BASAVARAJ VADDAR, AGE. 39 YEARS, OCC. LABOURER, R/O. HULLATTI, TQ. RANEBENNUR, DIST. HAVERI, PIN-581 115. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL, IN CONNECTION WITH RANEBENNUR RURAL PS CRIME NO.120/2025 (CC NO.177/2025) PENDING ON THE FILE OF LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, HAVERI IN SPL. SC NO.59/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(M) OF BNS, 2023 AND UNDER SECTIONS 6, 8 AND 12 OF POCSO ACT, 2012, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11778 CRL.P No. 103354 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. The accused in Special S.C. No.59 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Haveri, arising out of Crime No.120 of 2025 registered by Ranebennur Rural Police Station, Haveri District, for the offences punishable under Section 137(2), 64(2)(m) of the BNS, 2023 and Sections 6, 8 and 12 of the POCSO Act, 2012, is before this court under Section 483 of the BNS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner, the learned HCGP for respondent No.1 and respondent No.2 is served in the matter and has remained unrepresented. 3. FIR in Crime No.120 of 2025 was registered by Ranebennur Rural Police Station, Haveri District for the aforesaid offences against the petitioner herein based on the first information dated 01.05.2025 received from the - 3 - HC-KAR NC: 2025:KHC-D:11778 CRL.P No. 103354 of 2025 victim girl, aged 17 years. During the course of investigation, the petitioner herein was arrested on 15.05.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court in Special S.C. No.59 of 2025 was rejected on 14.07.2025, therefore he is before the Court. 4. In the first information, which is submitted by the victim girl, aged 17 years, she has stated that she is acquainted to the petitioner for the last two years and he was pestering her to love him. He had come to her house, when she was alone and had sexual intercourse with her. He also had stayed overnight in her house, when she was alone and had sexual intercourse with her in spite of she opposing the same. On 28.04.2025, the petitioner had taken her to Bangalore along with him and when he had gone to the washroom in Majestic Bus Stand, she called her parents from the mobile phone of a stranger and thereafter, - 4 - HC-KAR NC: 2025:KHC-D:11778 CRL.P No. 103354 of 2025 her relatives, who were in Bangalore, rescued her and brought back. 5. The statement of the victim girl under Section 183 of BNS, 2023 was recorded in the present case on 03.05.2025 by the Jurisdictional Magistrate. Even in the said statement, she has reiterated the averments found in her first information. However, she has stated that on 28.04.2025, the petitioner had sexual intercourse with her in her house at about 4:00 p.m. and thereafter he had stayed in her house and at about 3:00 a.m. he had gone out of the house and had asked her to come to Bangalore and also had threatened that if she doesn’t come to Bangalore, he will not marry her and he will also commit the murder of her parents. Therefore, on 29.04.2025 she had gone to Bangalore and had met the petitioner at Bus Stand in Bangalore and when he went to the washroom, she allegedly called her parents over mobile phone and thereafter she was rescued by her relatives. The statement of the victim girl with regard to the incident that had taken - 5 - HC-KAR NC: 2025:KHC-D:11778 CRL.P No. 103354 of 2025 place on 28.04.2025 and 29.04.2025 is contrary to the allegations found in the first information against the petitioner. 6. From a overall appreciation of the material on record, it appears that the petitioner and the victim girl were in love. In her statement recorded under Section 183 of the BNS, 2023, the victim girl has specifically stated that on 28.04.2025, the petitioner had come to her house and had sexual intercourse with her and also stayed in her house during night time and at about 3:00 a.m. he had left her house. Subsequently, on the next day, the victim girl alone went to Bangalore to meet the petitioner and thereafter she was rescued on 29.04.2025 itself. However, the first information is submitted belatedly on 01.05.2025. The investigation of the case is already completed and charge sheet has been filed. The date of birth of the victim girl is 04.04.2008 and therefore, as on the date of registration of the FIR, she had already completed 17 years of her age. The petitioner is aged about 22 years and is in - 6 - HC-KAR NC: 2025:KHC-D:11778 CRL.P No. 103354 of 2025 custody for the last nearly four months. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Special S.C. No.59 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Haveri, arising out of Crime No.120 of 2025 registered by Ranebennur Rural Police Station, Haveri District, for the offences punishable under Section 137(2), 64(2)(m) of the BNS, 2023 and Sections 6, 8 and 12 of the POCSO Act, 2012, subject to the following conditions: (i) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the jurisdictional Court; (ii) 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; - 7 - HC-KAR NC: 2025:KHC-D:11778 CRL.P No. 103354 of 2025 (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences in future; (v) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 28