- 1 - HC-KAR NC: 2026:KHC-D:63 CRL.P No. 104562 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. 104562 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: BASAVARAJA SANGAMMANVARA S/O. DANDEPPA AGE 21 YEARS, OCC. LABOTER R/O. SOGI VILLAGE, HADAGALI TQ. VIJAYANAGARA DIST 583 219 …PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (THROUGH ITTIGI P S ) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT DHARWAD 580001. 2. SOGAMMANNAVARA DANDEPPA S/O. LATE YALLAPPA AGE 39 YEARS, OCC. LABORER R/O. SOGI VILLAGE, HADAGALI TQ VIJAYANGARA DIST 583 219. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; NOTICE SERVED TO R2) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C./483 OF BNSS, PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL CASE NO.998/2025 Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:63 CRL.P No. 104562 of 2025 IN CONNECTION WITH (CRIME NO. 51/2025 REGISTERED IN ITTAGI POLICE STATION ) U/S 137(2), 351(2), 64(2) (M), OF BNS AND 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, PENDING TRIAL OF THE CASE, BEFORE THE ADDL DIST AND SESSIONS JUDGE F.T.S.C I BALLARI, IN THE INTEREST OF JUSTICE. 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.Anwar Basha and Sri.P.N.Hatti, High Court Government Pleader, for the parties. 2. Respondent No.2, 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 relief: “Wherefore, the petitioner/Accused No.1 most humbly prays that this Hon’ble Court be pleased to allow this petition and enlarge the petitioner on bail in Spl.Case No.998/2025 in connection with (Crime No.51/2025 registered in Ittagi Police Station) U/Section 137(2), 351(2), 64(2)(m), of BNS and 4 and 6 of Protection of Children from Sexual Offences Act 2012, pending trial of the case, before the Addl Dist and Sessions Judge F.T.S.C I Ballari, in the interest of justice.” 4. Gist of the complaint averments would reveal that victim girl has been eloped by the petitioner and she was - 3 - HC-KAR NC: 2026:KHC-D:63 CRL.P No. 104562 of 2025 confined in a house at Tumkur at a friend's place of the accused. Based on the complaint, the police registered the case under the provisions of Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act’) as well as other offences of Bharatiya Nyaya Sanhita, 2023, (for short ‘the BNS’). 5. After a thorough investigation, the Police have filed the charge sheet. While investigation was carried on, the victim's statement was recorded as is contemplated under the provisions of Section 183 of the BNSS. In the said statement, the victim has specifically stated that she alone wanted to elope with the accused and there was no threat, physical or mental harassment by the accused. 6. It is also stated by the victim girl before the Jurisdictional Magistrate that the accused advised the victim that he would marry her after she attained the age of 18 years and told her to get back to her parental house. Despite such statement, the police filed charge sheet for the offences under Sections 137(2) and 351(2) and 64(2)(m) of the BNS and Sections 4 and 6 of the POCSO Act. - 4 - HC-KAR NC: 2026:KHC-D:63 CRL.P No. 104562 of 2025 7. The attempt made by the petitioner to obtain an order of grant of bail was turned down by the learned Sessions Judge. Thereafter, petitioner is before this Court. 8. Sri.Anwar Basha, learned counsel for the petitioner, inviting the attention of this Court to the statement recorded under Section 183 of the BNSS, sought for grant of bail. 9. Learned High Court Government Pleader opposes the grant of bail. 10. Having heard the arguments of both sides and perused the statement given by the victim girl before Jurisdictional Magistrate, this Court is of the considered opinion that the continuation of the accused in judicial custody is no longer warranted. 11. Other apprehensions of the prosecution can be met by imposed on suitable and stringent conditions. 12. Accordingly, the following order: ORDER (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail on executing a bond in a sum of Rs.1,00,000/-, - 5 - HC-KAR NC: 2026:KHC-D:63 CRL.P No. 104562 of 2025 with two sureties for the likesum to the satisfaction of the learned Trial Judge. (iii) The petitioner shall not leave the jurisdiction of Vijaynagar District without prior permission. (iv) The petitioner shall attend the Court regularly. (v) The 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 cancellation of bail. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE RHR/-CT-CMU LIST NO.: 1 SL NO.: 17