- 1 - HC-KAR NC: 2025:KHC-D:10503 CRL.P No. 102981 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102981 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: BIRAPPA S/O. SIDDAPPA WAARI, AGE. 23 YEARS, OCC. SHEPHERD, R/O. BENACHANAMARADI VILLAGE, TQ. GOKAK, DIST. BELAGAVI-591 344. … PETITIONER (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH NAVALGUND POLICE STATION, R/BY ADDITIONAL SPP, HIGH COURT PREMISES, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. SRI. HANAMANT S/O. BHIRAPPA GADAD, AGE. 35 YEARS, OCC. SHEPHERD, R/O. HIREBIDANUR VILLAGE-591 126, TQ. SAVADATTI, DIST. BELAGAVI. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. ROHIT N. LATUR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN CONNECTION WITH CRIME NO.45/2025 REGISTERED BY NAVALGUND POLICE STATION, PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT FOR TRIAL OF OFFENCES UNDER THE POCSO ACT AND SC AND ST (POA) ACT, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(M), AND 65(1) OF THE BHARATIYA NYAYA SANHITA, 2023, AND SECTIONS 5(L) AND 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 (VIDE ANNEXURE-A AND D). THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10503 CRL.P No. 102981 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in Special S.C. No.48/2025 pending before the Court of II Additional District and Sessions Judge, Dharwad and Special Court for Trial of the offences under the POCSO Act and SC & ST (POA) Act, arising out of Crime No.45/2025 registered by Navalagund Police Station, Dharwad, for offences punishable under Sections 137(2), 64(2)(m) and 65(1) of BNS, 2023 and Sections 5(L) and 6 of POCSO Act, is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.45/2025 was registered by Navalagund Police Station, Dharwad, initially for offences punishable under Section 137(2) of BNS, 2023 against the petitioner herein based on the first information dated 22.03.2025 received from respondent No.2, who is the father of victim girl. During the course of investigation, the petitioner and the victim girl were traced together and the petitioner was arrested on 24.03.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been - 3 - HC-KAR NC: 2025:KHC-D:10503 CRL.P No. 102981 of 2025 filed against the petitioner for the aforesaid offences. His bail application filed before the Trial Court in Special S.C. No.48/2025 was rejected on 30.06.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that victim girl, who is the daughter of respondent No.2 was found missing from their house on 19.03.2025. Efforts made to trace her by the first informant and his relatives had failed and therefore, on 22.03.2025 he had approached the Police. Since he suspected the hand of the petitioner, FIR was initially registered against the petitioner. During the course of investigation, the petitioner and the victim girl were traced together. The statement of the victim girl under Section 183 of BNSS, 2023 was recorded in the present case by the jurisdictional Magistrate on 27.03.2025. She has stated that she and the petitioner are in love. Petitioner had promised to marry her. He had taken her from Inamhongala to Bijapur in a bus and thereafter, they stayed together in a rented premise. She has not made any allegation against the petitioner about he committing any kind of sexual assault on her. She has not - 4 - HC-KAR NC: 2025:KHC-D:10503 CRL.P No. 102981 of 2025 even made an allegation that petitioner had misbehaved with her when she had stayed with him in the rented premises at Bijapur. Petitioner aged about 23 years having no criminal antecedent is in custody for the last nearly five months. Investigation of the case is completed and charge sheet is filed. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in Special S.C. No.48/2025 pending before the Court of II Additional District and Sessions Judge, Dharwad and Special Court for Trial of the offences under the POCSO Act and SC & ST (POA) Act, arising out of Crime No.45/2025 registered by Navalagund Police Station, Dharwad, for offences punishable under Sections 137(2), 64(2)(m) and 65(1) of BNS, 2023 and Sections 5(L) and 6 of POCSO Act, subject to the following conditions: i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties - 5 - HC-KAR NC: 2025:KHC-D:10503 CRL.P No. 102981 of 2025 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.: 18