IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200089 OF 2025 (439(Cr.PC)/483(BNSS))

BETWEEN:

DIGAMBAR S/O BHAVRAO SAGAR, AGE: 23 YEARS, OCC: LABOUR, R/O. VILLAGTE HUPALA TQ. BHALKI, DIST. BIDAR-584101.

…PETITIONER (BY SRI GANESH NAIK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH DHANNURA POLICE STATION, DIST. BIDAR, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585103.

2. JAGADEVI W/O MARUTI SAGAR, AGE: 40 YEARS, OCC: LABOURER, R/O. VILLAGE HUPALA TQ. BHALKI, DIST. BIDAR-584101.

…RESPONDENTS (BY SMT. MAYA T.R., HCGP FOR R1 SRI SHIVASHARANA REDDY, ADVOCATE FOR R2)

THIS CRL.P. IS FILED U/S. 439 OF CR.P.C(OLD), U/S 483 OF BNSS(NEW), PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO. 31/2024 OF RESPONDENT/ DHANNURA POLICE STATION, BIDAR FOR THE OFFENCES PUNISHABLE U/SEC. 323, 363, 366(a), 376(2)(n), 506, 120(B), 109,201 R/W 34 OF IPC AND SECTION 3, 4, 5, 6, 11, 12 OF POSCO ACT 2012, PENDING BEFORE THE COURT OF THE ADDL. DISTRICT AND SESSIONS 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 No.1 in Special Case (POCSO) No.625/2024, pending before the Court of Additional District and Sessions Judge, at Bidar, arising out of Crime No.31/2024 registered by Dhannura Police Station, Bidar, for the offences punishable under Sections 323, 363, 366(a), 376(2)(n), 506, 120B, 109, 201 read with Section 34 of IPC and Sections 3, 4, 5, 6, 11, 12 of POCSO Act, is before this Court under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.31/2024 was registered by Dhannura Police Station, initially for the offence punishable under Section 363 of IPC, against unknown person on the basis of the first information dated 18.03.2024 received from the respondent No.2, who is the mother of the victim-girl. During the course of investigation, the petitioner herein was arrested on 09.04.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge-sheet has been filed. His bail application filed before the trial Court in Crl. Misc. No.655/2024 was rejected on 30.12.2024, therefore, he is before this Court.

4. Learned counsel for the petitioner submits that, the victim-girl has turned hostile during the trial. The petitioner is aged 23 years. He is in custody for the last more than seven months. Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader for respondent No.1 and learned counsel for the respondent No.2 have opposed the petition.

6. The victim-girl aged about 17 years 06 months has been examined in the present case as P.W.12. She has stated that, she is studying in II year PUC. She has not supported the case of the prosecution and therefore, she was treated as hostile witness and cross-examined by the public prosecutor. Though she was extensively cross- examined by the public prosecutor, nothing material has been elicited from her mouth which is incriminating as against the accused. Parents of the victim-girl are examined as P.W.1 and P.W.2 in the present case and even the said witnesses have not supported the case of the prosecution and therefore, they were also treated as hostile witness and cross-examined by the public prosecutor. The petitioner is aged about 23 years, having no other criminal antecedents. He is in custody from 09.04.2024. Since the material charge-sheet witnesses have been already examined in the present case, there cannot be any apprehension that, the petitioner is likely to tamper with the prosecution witnesses. Under the circumstances, I am of the opinion that, his prayer for grant of regular bail needs to be answered affirmatively.

Accordingly