- 1 - HC-KAR NC: 2026:KHC-D:86 CRL.P No. 104253 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104253 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: RAMESH S/O GADIGEPPA MADIVALAR AGE. 22 YEARS, OCC. COOLIE R/O. INAMHONGAL VILLAGE, TQ. SAUNDATTI, DIST. BELAGAVI-591126. …PETITIONER (BY SRI. MAHANTESH HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD THROUGH MURGOD POLICE STATION, MURGOD, TQ. SAUNDATTI, DIST. BELAGAVI. 2. SHRI GANESH S/O. RAMAPPA HANAMANNAVAR AGE. 41 YEARS, OCC. PRIVATE R/O. TORANAGATTI, TQ. RAMADURGA, DIST. BELAGAVI-591114 …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; NOTICE SERVED TO R2) Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:86 CRL.P No. 104253 of 2025 THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS ACT 2023, PRAYING TO MAY KINDLY BE ALLOWED AND PETITIONER MAY KINDLY BE ORDERED TO BE ENLARGED ON REGULAR BAIL IN CONNECTION WITH SPECIAL CASE NO. 378/2025, FIR MURGOD PS CRIME NO. 114/2025 DATED 23-04-2025, OFFENCES UNDER SECTION 137(1)(B), 64(1), 64(2)(M), OF BHARATIYA NYAYA SANHITA ACT 2 023, R/W SECTION 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, AND SECTION 3(1)(w)(i), 3(2)(v) OF SCHEDULE CASTES AND THE SCHEDULE TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI, BY EXTENDING THE BENEFIT PROVIDED UNDER SECTION 483 OF THE BNSS ACT, 2023 TO HIM IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Mahantesh Hiremath learned counsel for the petitioner and Sri.P.N.Hatti, learned High Court Government Pleader, for the respondent No.1. 2. Respondent No.2 is served and unrepresented. 3. The petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’), with the following prayer: - 3 - HC-KAR NC: 2026:KHC-D:86 CRL.P No. 104253 of 2025 “WHEREFORE, The Pettioner humbly pray that, the application may kindly be allowed and petitioner may kindly be ordered to be enlarged on regular bail in connection with Special Case no. 378/2025, FIR Murgod PS Crime No.114/2025 dated 23-04-2025, offences under section 137(1)(b), 64(1), 64(2)(M), of Bharatiya Nyaya Sanhita Act 2023, R/w section 4 and 6 of Protection of Children from Sexual Offences act 2012, and section 3(1)(w)(i), 3(2)(v) of Schedule Castes and the Schedule Tribes (Prevention of Atrocities) amendment act, pending on the file of Addl. District and Sessions judge FTSC-I Belagavi, by extending the benefit provided under section 483 of the BNSS Act, 2023 to him in the interest of justice and equity.” 4. The facts of the case which are utmost necessary for disposal of the present petition are as under: 4.1 A complaint came to be lodged by the second respondent alleging the commission of the offence punishable under Section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter ‘BNS, 2023’ for short). 4.2 At the first instance, Murgod Police registered the case in Crime No.114 of 2025. As per the complaint averments, - 4 - HC-KAR NC: 2026:KHC-D:86 CRL.P No. 104253 of 2025 minor daughter of the complainant was missing from the wedding hall, namely Ratna Sangam Kalyan Mantap on 22.04.2025 at about 02.00 p.m. 5. Based on the complaint, the Police registered the case, traced the minor girl and on enquiry came to know that it was the petitioner who had eloped with her from the wedding hall and had forcible sexual intercourse with her. 6. The Police after thorough investigation, filed charge sheet for the offences punishable under Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter ‘POCSO Act’ for short) apart from other offences under the BNS, 2023. The petitioner was arrested and he is in custody. 7. Attempt made by the petitioner to seek for grant of bail was turned down by the learned Special Judge. 8. Thereafter, petitioner is before this Court, in this petition. - 5 - HC-KAR NC: 2026:KHC-D:86 CRL.P No. 104253 of 2025 9. Learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that the allegations found in the charge sheet are incorrect and there was a love affair between the petitioner and the victim girl resulting in victim girl voluntarily accompanying the petitioner and therefore, none of the ingredients to attract the offence under the POCSO Act or under the provisions of BNS, 2023 are available and a false charge sheet has been filed and sought for grant of bail. 10. Per contra, learned High Court Government Pleader opposes the bail grounds. 11. Having heard the arguments of both sides, this Court perused the material on record meticulously. 12. On such perusal of the material on record, initially a missing complaint came to be filed by the complainant and later on, police spotted the petitioner and the victim girl and victim girl was rescued from the company of the petitioner and on enquiry, she reveled about the incident and thereafter, provisions of POCSO Act came to be invoked. - 6 - HC-KAR NC: 2026:KHC-D:86 CRL.P No. 104253 of 2025 13. Whether at all, the victim girl voluntarily accompanied the petitioner and was there any other external factors which would water down the allegations leveled against the petitioner in the charge sheet is a subject matter of trial. 14. Thus, without undergoing the trial and establish the innocence of the accused in view of the presumption under Section 29 and 30 of the POCSO Act, this Court cannot appreciate the stand taken by the petitioner to seek for grant of bail. 15. It is settled principles of law and requires no emphasis that a m mini trial cannot be held to appreciate the merits and demerits of the case that too at the stage of considering the bail application. 16. Suffice to say that the victim girl is yet to be examined before the Trial Court and if there is a positive changed circumstances in the testimony of the victim girl, then the petitioner can request this Court for grant of bail with successive bail request. - 7 - HC-KAR NC: 2026:KHC-D:86 CRL.P No. 104253 of 2025 17. Reserving such liberty for the petitioner, following: ORDER Petition is rejected. Sd/- (V.SRISHANANDA) JUDGE KAV CT-CMU/LIST NO.: 1 SL NO.: 5