IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200060 OF 2025 (439(Cr.PC)/483(BNSS))

BETWEEN:

ARUN S/O MARUTI KADDE, AGE: 20 YEARS, OCC: STUDENT, R/O. JANWADA VILLAGE, TQ. AND DIST. BIDAR.

…PETITIONER (BY SRI GURURAJ V. HASILKAR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, JANWADA POLICE STATTION, DIST. BIDAR (REPRESENTING BY LEARNED, ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT KALABURAGI 585107).

2. ANITA W/O PRAKASH HASANKAR, AGE: 40 YEARS, OCC: SELF EMPLOYED, R/O. JANWADA VILLAGE, TQ. AND DIST. BIDAR …RESPONDENTS (BY SMT. MAYA T.R., HCGP FOR R1 SRI B.C. JAKA , ADVOCATE FOR R2)

THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD) U/SEC

483 OF BNSS, PRAYING TO, ALLOW THE BAIL PETITION AND RELEASE THE PETITIONER ON BAIL IN CRIME NO. 82/2024 OF JANWADA POLICE STATION, DIST BIDAR, FOR THE OFFENCES PUNISHABLE U/SEC 363, 376(2)(n) OF IPC AND SEC 4 , 6 AND 17 OF POCSO ACT, 2012 PENDING ON THE FILE OF ADDL.

DISTRICT AND SESSION JUDGE BIDAR.

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)

Accused in Special Case (POCSO) No.2/2025 pending before the Court of I Addl. District and Sessions Judge, Bidar arising out of Crime No.82/2024 registered by Janwada Police Station, Bidar, for offences punishable under Sections 363, 376(2)(n) of IPC and Sections 4 and 6 of POCSO Act, 2012, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.82/2024 was registered by Janwada Police Station initially for the offence punishable under Section 363 of IPC against the petitioner herein on the basis of the first information dated 02.06.2024, received from respondent No.2 - mother of the victim girl aged about 17 years. During the course of investigation, the petitioner and the victim girl were traced. The petitioner was arrested on 08.11.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.626/2024 was rejected on

18.12.2024. Therefore, he is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition.

5. Per contra, learned HCGP and learned counsel for respondent No.2 have opposed the petition and submit that the victim was a minor as on the date of the alleged incident. Therefore, petitioner’s prayer for grant of bail needs to be rejected.

6. First information was submitted in the present case by the mother of the victim girl on 02.06.2024 and it is averred in the typed first information that on 26.05.2024 at about

05:00 a.m. in the morning, she found that her minor daughter was missing from the house, efforts made to trace her had failed. She suspected the hand of the petitioner and therefore on 02.06.2024, she had approached the Police and based on her first information FIR in Crime No.82/2024 was registered against the petitioner. During the course of investigation, petitioner and the victim girl were traced at Hyderabad. The statement of the victim girl under Section 164 of Cr.P.C. was recorded by the jurisdictional Magistrate on 11.11.2024. In the said statement, the victim girl has stated that her parents were making efforts to get her married and therefore, she left her house and had gone to the house of the petitioner with whom she was in love. Thereafter, she had persuaded the petitioner to take her along with him and they together travelled to Hyderabad and started residing in a rented room at Hyderabad and on 07.11.2024, the Police came there and brought them to Janwada Police Station. She has not made any allegation in her statement