- 1 - HC-KAR NC: 2026:KHC-D:1110 CRL.P No. 104455 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104455 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SMT. ANITA W/O. SIDRAY CHOUGALE AGE: 55 YEARS, OCC: HOUSEWIFE/AGRICULTURE 2. SMT. ANKITA W/O. RAJU BANDURGE AGE: 28 YEARS, OCC: HOUSEWIFE/AGRICULTURE 3. SMT. MANISHA W/O. AJAY CHOUGALE AGE: 31 YEARS, OCC: HOUSEWIFE/AGRICULTURE 4. SRI. JYOTIBA S/O. NARAYAN CHOUGALE AGE: 32 YEARS, OCC: AGRICULTURE ALL R/O: HANDIGNUR VILLAGE, TQ: BELAGAVI, DIST: BELAGAVI 591143 …PETITIONERS (BY SRI. SACHCHIDANAND BABAJI PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH IO KAKATI POLICE STATION, BELAGAVI REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD 580011 2. XXXX (DE FACTO COMPLAINANT) …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; R2 SERVED) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1110 CRL.P No. 104455 of 2025 THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), SEEKING TO ALLOW THE PRESENT PETITIONERS AND GRANT ANTICIPATORY BAIL TO THE ACCUSED NO. 2 TO 5 / PETITIONER NO. 1 TO 4 IN THE EVENT OF THEIR ARREST IN SPECIAL CASE NO. 583/2025 PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I, BELAGAVI FOR THE OFFENCES PUNISHABLE UNDER SECTION 64(1), 189(2), 191(2), 126(2), 352, 351(2), 190 OF THE BHARATIYA NYAYA SANHITA, 2023 AND SECTION 12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 IN CRIME NO. 96/2025 IN KAKATI P.S., IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDERS WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Sachchidanand Babaji Patil, learned counsel for petitioners and Sri P.N.Hatti, learned High Court Government Pleader for respondent No.1. 2. Petitioners are accused No.2 to 5 in Special Case No.583/2025. They have sought for the following relief in the petition. “To allow the present petitioners and grant anticipatory bail to the accused no.2 to 5 / petitioner no.1 to 4 in the - 3 - HC-KAR NC: 2026:KHC-D:1110 CRL.P No. 104455 of 2025 event of their arrest in Special Case No. 583/2025 pending on the file of Additional District and Sessions Judge FTSC-I, Belagavi for the offences punishable under section 64(1), 189(2), 191(2), 126(2), 352, 351(2), 190 of the Bharatiya Nyaya Sanhita, 2023 and Section 12 of the Protection of Children from Sexual Offences Act, 2012 in Crime No.96/2025 in Kakati P.S., in the interest of justice and equity.” 3. Petitioners in fact were summoned by the Investigation Officer and they did appear and their statements were recorded. However, the Investigation Officer did not deem it fit to arrest them when they appeared before the Investigation Officer. Thereafter, charge sheet is filed. 4. Attempt made by the petitioners to obtain an order of grant of anticipatory bail is turned down by the learned Special Judge. Major offence alleged against the petitioners are under Section 12 of the Protection of Children from Sexual Offences Act, 2012. 5. No doubt, victim girl has stated that they have given a threat that they are going to destroy the victim girl just like her mother. But overt-act that is seen is only indecent touch of the victim girl in the incident. At the most, even if the prosecution case is established, same is not that grave so as to - 4 - HC-KAR NC: 2026:KHC-D:1110 CRL.P No. 104455 of 2025 deny the discretionary relief. More so when the petitioners have appeared and co-operated with the investigation and investigation agency did not arrest them at the relevant point of time. 6. Taking note of these aspects of the matter, following order is passed. ORDER i. Petition is allowed. ii. Petitioners are directed to join the investigation by appearing before the Investigation Officer positively on 09.02.2026 at 10.00 a.m. iii. Investigation Officer is at liberty to take the petitioners to custody and complete the custodial interrogation on the same day before 5.00 p.m. Thereafter, the petitioners shall be enlarged on bail by taking a bond in a sum of ₹1,00,000/- with one surety for the like sum to the satisfaction of the Investigation Officer. iv. Investigation Officer may enquire further and if any incriminatory circumstances are found in the custodial interrogation, a supplementary - 5 - HC-KAR NC: 2026:KHC-D:1110 CRL.P No. 104455 of 2025 charge sheet is permitted to be filed under Section 193(9) of the BNSS. v. Petitioners shall cooperate with the Investigation Agency in all respects. vi. Petitioners shall attend the trial Court regularly. vii. Petitioners shall not tamper the prosecution witnesses. viii. Petitioners shall not leave the jurisdiction of Belagavi District without prior permission. ix. Petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner. Violation of any one of these conditions would entitle the prosecution to seek for cancellation of the bail. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE CLK CT: CNB List No.: 2 Sl No.: 6