IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 23^RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 201656 OF 2024 (439(Cr.PC)/483(BNSS))

BETWEEN:

SHIVAGYANAPPA S/O DODDABASAPPA HESARUR, AGE: 21 YEARS, OCC: AGRICULTURE, R/O. CHITTAPUR VILLAGE, TQ. LINGAGUSUR AND DIST. RAICHUR-584127.

…PETITIONER (BY SRI GANESH S. KALABURGI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH P.S.I, LINGASUGUR POLICE STATION, LINGASUGUR SUB-DIVISION, DISTRICT RAICHUR.

REPRESENTED SPP HIGH COURT OF KARNATAKA, KALABURABI BENCH KALABURAGI-585103.

2. XXXX …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 SRI MAHANTESH PATIL, ADVOCATE FOR R2)

THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF BNSS (NEW), PRAYING TO GRANT THE REGULAR BAIL TO THE ACCUSED NO.1/ PETITIONER HEREIN IN LINGASUGUR PS CRIME NO.237/2024 DISTRICT RAICHUR, FOR THE OFFENCES PUNISHABLE U/SECS. 137(2) AND 64, 54 OF THE BNS AND U/SEC. 4, 6 AND 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND U/SEC. 9, 10 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, LINGASUGUR, DISTRICT RAICHUR.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Accused No.1 in Special Case No.5394/2024 pending before the court of III Addl. District & Session Judge, Raichur Sitting at Sindhanuru arising out of Crime No.237/2024 registered by Lingasugur Police Station, Raichur for offences punishable under sections 137(2) and 64, 54, of the Bharatiya Nyaya Sanhita 2023 and under sections 4, 6 and 17 of Protection of Children from Sexual Offences Act 2012 and under sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006, is before this court under Section 483 of Bharatiya Nagarik Suraksha Sanhita

2023 seeking regular bail.

2. Heard learned counsel for the parties.

3. FIR in Crime No. 237/2024 was registered by Lingasugur Police Station, Raichur initially for offence punishable under Section 137(2) of Bharatiya Nyaya Sanhita 2023 against unknown persons on the basis of the first information dated the 19.08.2024 received from respondent No.2, who is the mother of the victim girl aged about 17 years. During the course of investigation of the case, petitioner herein was arrested on the 29.08.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against six persons. Petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.5454/2024 was rejected on the 12.12.2024.

Therefore, he is before this court.

4. Learned counsel for the petitioner submits that, petitioner is a youngster aged about 21 years having no criminal antecedent. He is in custody for the last nearly five months. Investigation of the case is complete and charge sheet has been filed. The victim girl has not made any serious allegation against the petitioner in her statement recorded under Section 183 of Bharatiya Nyaya Sanhita 2023. Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader and learned counsel appearing for respondent No.2 have opposed the petition. They submit that victim undisputedly is a minor and therefore the alleged offences get attracted against the petitioner. In the event the petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses and accordingly they pray to dismiss the petition.

6. First informant who is the mother of the victim girl had approached the Police on 19.08.2024 and submitted a typed first information, wherein it is averred that her minor daughter aged about 17 years, was found missing from the house at about 3.00 AM on 18.08.2024. Efforts made to trace her had failed and it is in this background she had app