IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 12^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200093 OF 2025 (439(Cr.PC)/483(BNSS))

BETWEEN:

GUNDAPPA S/O GOVINDAPPA KHUSALKAR, AGE: 26 YEARS, OCC: PRIVATE WORK, R/O. BELOOR (J) VILLAGE, TQ. AND DIST KALABURAGI.

…PETITIONER (BY SRI SURESH C. TENGLI AND SRI PRASHANT MYAKERI, ADVOCATES)

AND:

1. THE STATE OF KARNATAKA THROUGH SUB URBAN POLICE STATION, KALABURAGI, REPRESENTING BY LEARNED ADDL.

STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT KALABURAGI-585107.

2. SANJUKUMAR S/O BASAVARAJ REVANI, AGE: 40 YEARS, OCC: AUTO DIRVER, R/O. KALLAHANAGARGA VILLAGE, NOW AT KAMAL NAGAR, KALABURAGI-585103.

…RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 R2 SERVED)

THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF BNSS (NEW), PRAYING TO ALLOW THE PETITION AND THEREBY KINDLY RELEASE THE PETITIONER ON BAIL IN SPL.CASE POCSO NO.53/2024, CRIME NO.108/2024 OF SUB- URBAN POLICE STATION, KALABURAGI, PENDING ON THE FILE OF ADDL. DIST. AND SESSIONS JUDGE AND FTSC-I SPECIAL COURT FOR POCSO AT KALABURAGI FOR THE OFFENCES PUNISHABLE U/SEC. 363, 366(A), 376(2)(J)(N) OF IPC AND SEC. 4, 6, 8, 12 OF POCSO ACT.

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.53/2024 pending before the Additional District and Sessions Judge and FTSC-I (POCSO), at Kalaburagi, arising out of Crime No.108/2024 registered by the Sub Urban Police Station, Kalaburagi, for the offences punishable under Sections 363, 366A, 376(2)(j)(n) of IPC and Sections 4, 6, 8 and 12 of POCSO Act, is before this Court under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, seeking regular bail.

2. Heard the learned HCGP appearing for respondent No.1. Respondent No.2 who is served in the matter, has remained unrepresented before this Court.

3. FIR in Crime No.108/2024 was registered by the Sub Urban Police Station, Kalaburagi City, initially for the offence punishable under Section 363 of IPC, against unknown person, on the basis of the first information dated 31.05.2024 received from respondent No.2, who is the father of the victim-girl aged 17 years. In the first information it is stated that, the victim-girl, who had gone to college on 19.05.2024 had not returned home. The efforts made to trace her by the first informant and his relatives had failed. Subsequently, on 31.05.2024, he had approached the Police and submitted the first information, based on which an FIR in Crime No.108/2024 was registered against unknown person for the offence punishable under Section 363 of IPC. During the course of investigation, the petitioner and the victim-girl were traced together and brought to the police station. The petitioner was arrested on 07.06.2024 and subsequently remanded to judicial custody. The investigation of the case is completed and the charge-sheet has been filed. His bail application before the trial Court in Spl. Case (POCSO) No.53/2024 was rejected on 23.08.2024. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that, the petitioner is a youngster having no criminal antecedents and he is in custody for the last eight months. The petitioner and the victim-girl were in love and she had voluntarily accompanied the petitioner. The victim-girl has been already examined before the trial Court as P.W.1 and therefore, there cannot be any apprehension that the petitioner is likely to tamper with the material prosecution witness. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP submits that, the victim-girl is a minor and has made allegations against the petitioner in her statement recorded under Section 164 of Cr.P.C. and she has also supported the case of the prosecution during the course of her deposition before the trial Court as P.W.1. Accordingly,