- 1 - HC-KAR NC: 2026:KHC-D:1198 CRL.P No. 104679 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104679 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI BASAVARAJ S/O SHARANAPPA LAMANI, AGE 24 YEARS, OCC. COOK, R/O. TARALAKATTI TANDA VILLAGE, TAL. YELBURGA, DIST. KOPPAL PIN 583237. …PETITIONER (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH P S I BEVOOR POLICE STATION, REPTD BY ADDL SPP, STATE PUBLIC PROSECUTOR OFFICE HIGH COURT OF KARNATAKA, DHARWAD BENCH PIN 580011. 2. MOTHER OF THE VICTIM GIRL TULASAMMA, W/O SHANKRAPPA LAMANI, AGE. 48 YEARS, OCC. COOLIE, R/O. TARALAKATTI TANDA VILLAGE, TAL. YELBURGA, DIST. KOPPAL-583237. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; SMT.SHAILA BELLIKATTI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO ALLOW THE PRESENT CRIMINAL PETITION AND THE PETITIONER MAY BE DIRECTED TO BE RELEASED ON BAIL IN BEVOOR P.S CRIME NO. 46/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2) AND 65 (1) OF BNS 2023 SEC 4 AND 6 OF POCSO ACT 2012 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I KOPPAL IN SO FAR AS SOLE ACCUSED/PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1198 CRL.P No. 104679 of 2025 THIS CRIMINAL PETITION COMING ON FOR ORDERS, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Santosh B.Malagoudar, learned counsel for petitioner, Sri P.N.Hatti, learned High Court Government Pleader for respondent No.1 and Smt.Shaila Bellikatti, learned counsel for respondent No.2-defacto complainant. 2. Memo with copy of the deposition of the victim girl filed by the learned counsel for petitioner. 3. Petitioner is the accused in Special SC. POCSO No.29/2025 and approached this Court with the following prayer: “To allow the present criminal petition and the petitioner may be directed to be released on bail in Bevoor P.S Crime No. 46/2025 for the offences punishable under Sections 137(2) and 65 (1) of BNS 2023 Sec 4 and 6 of POCSO Act 2012 pending on the file of Addl. District and Sessions Judge FTSC-I Koppal in so far as sole accused/petitioner is concerned, in the interest of justice and equity.” 4. Having noticed the nature and gravity of the offence and also taking note of the oral testimony of the victim girl before the trial Court, wherein she has not supported the case of the prosecution to any extent and useful answers are elicited in - 3 - HC-KAR NC: 2026:KHC-D:1198 CRL.P No. 104679 of 2025 the cross-examination by the learned Public Prosecutor, continuation of the petitioner in judicial custody is no longer warranted. 5. Other apprehensions of the prosecution can be met with by imposing suitable conditions. 6. Accordingly, following order is passed. ORDER i. The criminal petition is allowed. ii. Petitioner shall be enlarged on bail on executing a personal bond in a sum of ₹50,000/- [Rupees fifty thousand only] with one surety for the likesum to the satisfaction of the learned Trial Judge. iii. Petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner. iv. Petitioner shall not leave the jurisdiction of Koppal District without prior permission. v. Petitioner shall attend the Court regularly. vi. Petitioner shall not indulge in similar offences. - 4 - HC-KAR NC: 2026:KHC-D:1198 CRL.P No. 104679 of 2025 Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE CLK CT-CMU LIST NO.: 1 SL NO.: 3