- 1 - HC-KAR NC: 2025:KHC-D:11756 CRL.P No. 103341 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. 103341 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MR. MANIKANTA S/O LATE DASTAGIRI, AGE. 23 YEARS, OCC. LABOURER, R/O. NEAR VEERABASAPPA TEMPLE, RUPANAGUDDI ROAD, BALLARI, TQ. AND DIST. BALLARI, PERMANENT ADDRESS: WARD NO.9, NEAR VEERABASAPPA TEMPLE, RUPANAGUDI ROAD, BALLARI-583 101, TQ. AND DIST. BALLARI. … PETITIONER (BY SRI. N.D.GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY BALLARI WOMEN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SMT. JALAL BI, AGE 38 YEARS, OCC. HOUSE WIFE, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11756 CRL.P No. 103341 of 2025 R/O. HOSANNA MANDIRA, NEAR LINGA REDDY HOUSE, NEAR VARABASAPPA TEMPLE, RUPANAGU WI ROAD, BALLARI-583 101, TQ. AND DIST. VIJAYANAGAR. … 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 GRANT BAIL TO THE PETITIONER IN CRIME NO.32/2025 REGISTERED WITH BALLARI WOMEN AND PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-1 BALLARI IN SPL. C. NO.675/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 96, 64,(2)(M) OF BNS AND SECTIONS 4, 5(L), 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11756 CRL.P No. 103341 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in Special Case No.675 of 2025 pending the Court of Additional District and Sessions Judge, FTSC – I, Ballari, arising out of Crime No.32 of 2025 registered by Ballari Women Police Station, Ballari District for offences punishable under Sections 137(2), 96, 64(2)(m) of BNS, 2023, Sections 4, 5(L), 6 of POCSO Act and Section 9 of Prohibition of Child Marriage Act, 2006 is before this Court under Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.32 of 2025 was registered by Ballari Women Police Station, Ballari District initially for offence punishable under Section 137(2) of BNS, 2023 against the petitioner herein based on first information dated 16.03.2025 received from respondent No.2, who is - 4 - HC-KAR NC: 2025:KHC-D:11756 CRL.P No. 103341 of 2025 the mother of the victim girl. During the course of investigation, petitioner and the victim were traced together at Tirupathi in Andhra Pradesh State on 01.04.2025 and were brought back to their village. Petitioner was arrested on 02.04.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against petitioner for the aforesaid offences. His bail application filed before the Jurisdictional Sessions Court was rejected on 12.08.2025 and therefore, he is before this Court. 4. Perusal of the material on record would go to show that victim girl was found missing from her house on 08.03.2025, efforts made to trace her had failed and therefore, on 16.03.2025, her mother had approached the Police and based on her first information, FIR was registered against the petitioner in Crime No.32 of 2025. In the first information, it is stated that victim girl had earlier left her house thrice and on an earlier occasion, brother of - 5 - HC-KAR NC: 2025:KHC-D:11756 CRL.P No. 103341 of 2025 the petitioner had brought her back to the house of the first informant. Therefore, she suspected the petitioner. 5. During the course of investigation, the petitioner and the victim girl were traced together at Tirupathi and were brought back to their village. Statement of the victim girl under Section 183 of BNS, 2023 was recorded by the Jurisdictional Magistrate on 16.04.2025. Victim girl studying in 10th standard has stated that she is acquainted to the petitioner for the last two years and they are in love. After coming to know about the same, her parents had approached the Police and thereafter, she was kept in a remand home for a period of eight days. Thereafter, she had returned home and was not in contact with the petitioner for a period of about four months. Her parents were assaulting and torturing her after she had returned from remand home. Therefore, in the month of February, he had contacted the petitioner over his mobile phone and had requested to come near her school. Accordingly, petitioner had come near her school and after her mother saw him, - 6 - HC-KAR NC: 2025:KHC-D:11756 CRL.P No. 103341 of 2025 her mother had assaulted the petitioner with her chappal and had brought the victim girl back home. On the said day, she was assaulted by her father and she had suffered injuries. 6. On 08.03.2025, she once again had called the petitioner over phone and informed him that her parents were abusing and assaulting her and it was not possible for her to live and she also informed that her parents are likely to commit her murder. Immediately thereafter the petitioner came to meet her and she insisted him to take her along with him. Petitioner allegedly informed her that they will go to the Police Station and report. However, she refused for the same and thereafter petitioner took her in an autorickshaw and from Ballari they travelled in a bus to Adoni and subsequently to Tirupati in a train and stayed in a paying guest initially and thereafter in a rented premises. Subsequently they got married at Tirupati on 12.03.2024 and lived in rented premises for about 24 days. On 01.04.2025 Police came to the said premises and brought - 7 - HC-KAR NC: 2025:KHC-D:11756 CRL.P No. 103341 of 2025 them back. She has not made any allegation against the petitioner about he committing any kind of sexual assault on her. On the other hand, her statement would go to show that on her insistence, petitioner had taken her from her house for the reason that she was being tortured and assaulted by her parents in her house. Petitioner aged 23 years having no criminal antecedent is in custody from 02.04.2025. Investigation of the case is already completed. Under the circumstances, I am of the opinion that he has made out a prima facie case for grant of regular bail. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in Special Case No.675 of 2025 pending the Court of Additional District and Sessions Judge, FTSC – I, Ballari, arising out of Crime No.32 of 2025 registered by Ballari Women Police Station, Ballari District for offences punishable under Sections 137(2), 96, 64(2)(m) of BNS, 2023, Sections 4, - 8 - HC-KAR NC: 2025:KHC-D:11756 CRL.P No. 103341 of 2025 5(L), 6 of POCSO Act and Section 9 of Prohibition of Child Marriage Act, 2006, subject to the following conditions: i. 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; 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; 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 him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT: BCK LIST NO.: 1 SL NO.: 26