- 1 - NC: 2025:KHC-K:1681 CRL.P No. 200427 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200427 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: PHARVEJ S/O MOULANASAB, AGE: 20 YEARS, OCC: B.COM. STUDENT, R/O. INDIRANAGAR, MANVI, TQ. MANVI, DIST. RAICHUR-584123. …PETITIONER (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH, MANVI, POLICE STATION, TQ. MANVI, DIST. RAICHUR-584123, R/BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. SHIVARAJ S/O HANAMANTH NAYAK, AGE:46 YEARS, OCC:CONTRACTOR, R/O. BABA NAYAK COLONY, MANVI, TQ. MANVI, DIST. RAICHUR-584123. …RESPONDENTS (BY SRI GOPAL KRISHNA B. YADAV, HCGP FOR R1; NOTICE TO R2 SERVED UNREPRESENTED) THIS CRL.P. IS FILED U/S. 483 OF BNSS, 2023 PRAYING TO, GRANT THE REGULAR BAIL TO THE PETITIONER/ACCUSED Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1681 CRL.P No. 200427 of 2025 NO. 1 IN SPL.C (P) NO. 501/2024 (MANVI PS CRIME NO. 233/2024 DISTRICT RAICHUR) PENDING ON THE FILE OF THE SPECIAL COURT FOR CASES UNDER THE POCSO ACT AND I-ADDL. DISTRICT AND SESSIONS COURT RAICHUR FOR THE OFFENCES PUNISHABLE U/SEC 96, 64, 54 OF BNS, 2023, U/SEC 6, 14 OF POCSO ACT, 2012 AND U/SEC 3(1)(w)(i), 3(2)(v), 3(2)(va) OF SC/ST P.A AMENDED ACT, 2015. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused No.1 seeking for regular bail in Special Case (P) No.501/2024, arising out of Crime No.233/2024, registered by the Manvi Police Station, Raichur, for the offences punishable under Sections 6 and 17 of the POCSO Act, under Sections 3(1)(w)(i), 3(2)(v) and 3(2)(va) of SC/ST (POA) (Amendment) Act, 2015 and under Sections 96, 64 and 54 of BNS, 2023. 2. It is the case of the prosecution that the petitioner being a neighbour of the victim, used to talk with her and induced her that he was loving her and also - 3 - NC: 2025:KHC-K:1681 CRL.P No. 200427 of 2025 intended to marry her. Accordingly, on 23.09.2024 around 5.00 p.m., both the victim and petitioner have eloped from their respective houses and they went to Anantapura and stayed there for 2 to 3 days. Thereafter, they have been secured by the respondent – police and a case has been registered against the petitioner for the offences stated supra. 3. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences. The statement of the victim before the Magistrate is contrary to the statement made by her before the police. In the statement made before the Magistrate, she stated that she went along with the petitioner and he has not committed any sexual assault. However, in the statement made before the respondent- police under Section 161 of Cr.P.C., she has stated that she had been subjected to sexual assault. The said contradiction would goes to the root of the case. - 4 - NC: 2025:KHC-K:1681 CRL.P No. 200427 of 2025 Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. 4. Per contra, the learned High Court Government Pleader for respondent No.1 vehemently opposed the said submissions and he further submitted that the offences committed against the minor girls have to be regulated by passing stringent orders. The petitioner being a neigbour with an intention to commit sexual assault, took the victim to Anathapur and stayed for 2-3 days and committed sexual assault. Therefore, it is not appropriate grant bail. Making such submission, he prays to dismiss the petition. 5. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, the victim has made her statement before Magistrate on 03.10.2024, wherein, she has stated that she had been to Anantapura and stayed there for two to three days with the petitioner and she had not been subjected to any sexual assault. However, she had made statement before the police contrary to the said - 5 - NC: 2025:KHC-K:1681 CRL.P No. 200427 of 2025 statement. Having considered the contradictions in the statement of the victim and also considered that the petitioner is a student studying in B.Com., it is appropriate to consider his bail application by imposing suitable conditions. 6. Hence, I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner is enlarged on bail in Special Case (P) No.501/2024, arising out of Crime No.233/2024, registered by the Manvi Police Station, Raichur, for the offences punishable under Sections 6 and 17 of the POCSO Act, under Sections 3(1)(w)(i), 3(2)(v) and 3(2)(va) of SC/ST (POA) Act and under Sections 96, 64 and 54 of BNS, 2023, by executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a) The petitioner shall not threaten or tamper the prosecution witnesses. - 6 - NC: 2025:KHC-K:1681 CRL.P No. 200427 of 2025 b) The petitioner shall appear before the Trial Court on all hearing dates without fail. c) The petitioner shall not leave the jurisdiction of the Trial Court till disposal of the case. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 20 CT:PK