- 1 - HC-KAR NC: 2026:KHC-D:68 CRL.P No. 104615 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. 104615 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MR. MYLAPPA DATTAPPANAVARA S/O. NINGAPPA AGE 23 YEARS OCC. DRIVER R/O. HONNURU VILLAGE, TQ HADAGALI 583219 DIST VIJAYANAGAR. …PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HIREHADAGALI POLICE STATION R/BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DHARWAD 580001. 2. SMT. KAYANNANAVARA HANUMAVVA AGE 45 YEARS OCC. LABOURER, R/O RAJAVALA VILLAGE TQ HADAGALI TALUK, 583219 DIST VIJAYANAGAR. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; SRI CHETAN MUNNOLI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. AND 483 OF BNSS, PRAYING TO GRANT BAIL TO THE PETITIONER IN CRIME NO. 86/2024 REGISTERED WITH HIREHADAGALI P.S. AND PENDING BEFORE ADDL. DISTRICT Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:68 CRL.P No. 104615 of 2025 AND SESSIONS JUDGE-FTSC-1 BALLARI IN SPL. C. NO.959/2024 FOR THE OFFENCES P/U/SEC. 376(2)(n), 506, 114 OF IPC AND SEC. 4 AND 6 OF POCSO ACT-2012, 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.Neelendra D. Gunde, for petitioner, Sri.P.N.Hatti, learned High Court Government Pleader for respondent No.1 and Sri.Chetan Munnolli, learned counsel for respondent No.2. 2. Successive bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”), by the accused No.1 in Special Case No.959 of 2024 on the file of Additional District Judge, Ballari, now Vijayanagara District. 3. Facts in the nutshell which are utmost necessary for disposal of the present petitioner as under: Petitioner has been charged with offences punishable under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, “the POCSO Act”) apart from the offences under the Indian Penal Code (for short “the IPC”). - 3 - HC-KAR NC: 2026:KHC-D:68 CRL.P No. 104615 of 2025 4. The trial has commenced. During the trial, the victim, who is aged 17 years 10 months has supported the case of the prosecution in toto deposing about the ingredients to attract offence under provisions of the POCSO, Act. 5. The successive request for grant of bail is turned down by the learned Trial Judge. Thereafter, petitioner is before this Court. 6. Sri. Neelendra D. Gunde, would submit that accused is in custody since 1 year 4 months and trial has not progressed to the considerable extent and therefore, the continuation of the accused in judicial custody is no longer warranted. 7. He would also contend that the case is now transferred to Vijayanagar District and that the possibility of conclusion of the trial at an early date is remote and therefore sought for grant of bail. 8. He would also press into service the fact that there is an admission by the victim girl in the cross-examination to the effect that the marriage between the accused and victim girl was fixed and therefore, it was not a case of forcible sexual intercourse and thus sought for grant of bail. - 4 - HC-KAR NC: 2026:KHC-D:68 CRL.P No. 104615 of 2025 9. Per contra, learned High Court Government Pleader and Sri. Chetan Munnolli, opposed the bail grounds. 10. Having heard the arguments of both sides, taking note of the fact that the victim is already examined and trial has progressed to a considerable extent, directing the trial Court to conclude the trial in a time bound manner would meet the ends of justice in the facts and circumstances of the case. 11. Accordingly, the following order: ORDER (i) The bail petition stand dismissed. (ii) However, the Trial Judge is directed to dispose of the case as early as possible, but not later than 30.04.2026. Sd/- (V.SRISHANANDA) JUDGE RHR/-CT-CMU LIST NO.: 1 SL NO.: 25