- 1 - HC-KAR NC: 2025:KHC-D:15523 CRL.P No. 104527 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104527 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: RAKESH HARIJAN S/O. PRABHU HARIJAN, AGE. 32 YEARS, OCC. AGRICULTURE/COOLIE, R/O. HALLUR VILLAGE, TQ. MUDALAGI, DIST. BELAGAVI-583232. …PETITIONER (BY SRI. ANAND D.BAGEWADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH MUDALAGI P.S., BELAGAVI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH DHARWAD, PIN-580011. 2. SMT. SHABAVVA HARIJAN M/O. YALLAVVA HARIJAN, AGE. 35 YEARS, OCC. HOUSEHOLD, NOW R/O. ARATAGAL VILLAGE, TQ. SOUNDATTI, DIST. BELAGAVI-591202. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO, ENLARGE THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN SPL. C NO.172/2021 ARISING FROM CRIME NO.201/2020 OF MUDALAGI P.S. THE ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-I, BELAGAVI FOR THE OFFENCES UNDER SECTIONS 363, 376 OF IPC AND SECTIONS 9, 10, 11 OF PROHIBITION OF CHILD MARRIAGE ACT 2006 AND UNDER SECTIONS 4 AND 6 17 OF POCSO, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15523 CRL.P No. 104527 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner is before this Court seeking for grant of anticipatory bail in Crime No.201/2020 of respondent No.1/Police for the offence punishable under Sections 363 and 376 of Indian Penal Code, 18601, Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006 and Section 4, 6 and 17 of Protection of Children From Sexual Offences Act, 20122. Brief facts of the case; 2. It is the case of the prosecution that, a complaint has been filed by the complainant stating that her daughter was sleeping after having dinner, however, on the following day, in the early morning, she did not find her daughter in the house. She waited up to 7.00 AM. As her daughter did not turn up, she informed the said facts to her relatives. All 1 For short ‘IPC’ 2 For short ‘POCSO Act’ - 3 - HC-KAR NC: 2025:KHC-D:15523 CRL.P No. 104527 of 2025 her relatives are started searching the whereabouts of the victim. However, they could not get any informations, hence, missing complaint was lodged. 3. It is stated that the trial is completed and the matter is set down for recording the statement under Section 313 of Cr.P.C. 4. Heard Sri.Anand D.Bagewadi, learned counsel for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for respondent No.1-State. 5. It is the submission of the learned counsel for the petitioner that, the Trial Court on 01.08.2025, set down the matter for recording the statement under Section 313 of Cr.P.C. The date was fixed for recording the statement on 28.08.2025. However, the accused No.1/petitioner was remained absent. Therefore, the bail order was cancelled without any speaking order. 6. It is further stated that the absence of the petitioner was bonafide and it was not intentional. The - 4 - HC-KAR NC: 2025:KHC-D:15523 CRL.P No. 104527 of 2025 petitioner has remained absent due to unavoidable circumstances. The petitioner will abide the conditions imposed by this Court in the event of his release on bail. 7. Per contra, the learned High Court Government Pleader for respondent No.1/State vehemently submitted that, the petitioner remained absent without filing necessary application for seeking exemption. The Trial Court has to cancel the bail in order to secure the petitioner and to proceed with the case. Therefore, it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the bail. 8. Having heard learned counsel for the respective parties and on perusal of the averments of the order sheet available on record, it appears that, the Trial Court has taken steps to cancel the bail without following the procedure. The trial Court ought to have issued Non- Bailable-Warrant to secure the presence of the petitioner. However, cancelling the bail without following the procedure - 5 - HC-KAR NC: 2025:KHC-D:15523 CRL.P No. 104527 of 2025 would be an abuse of process of law. Therefore, it is appropriate to grant anticipatory bail, as prayed for. 9. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.201/2020 of respondent No.1/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court, in the event of his arrest subject to following conditions; (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 6 - HC-KAR NC: 2025:KHC-D:15523 CRL.P No. 104527 of 2025 (b) The petitioner shall appear before the Trial Court on all hearing dates without fail. (c) The petitioner shall not commit any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 8