IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO. 100175 OF 2025 (397 OF Cr.PC/438 OF BNSS)

BETWEEN:

SHRI. MAHESH S/O. MANGALAPPA CHANDAPUR, AGE: 39 YEARS, OCCUPATION: TEACHER, SILICON APARTMENT, NEAR KARNATAKA CIRCLE, NAVANAGAR, HUBBALLI-580025.

…PETITIONER (BY SRI. T. R. PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, BY ITS APMC NAVANAGAR P. S, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, PIN-580011. 2. SMT. NANDA W/O. MANJUNATH GAMBYAPUR, AGE: 33 YEARS, OCC: HOUSE WIFE, UNAKAL, HUBBALLI, NOW AT: VANISRI NAGAR, SATTUR, DHARWAD, PIN-580009.

Digitally signed by RAKESH S …RESPONDENTS HARIHAR Location: High (BY SRI. JAIRAM SIDDI, HCGP FOR R1;

Court of Karnataka, SRI. LINGESH V. KATTEMANE, ADV. FOR R2)

Dharwad Bench THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W.442 OF BNSS, PRAYING TO SET-ASIDE THE ORDER DATED 23.04.2025 PASSED IN APMC NAVANAGAR P.S. CRIME NO.24/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 64 OF BNS 2023, AND SECTIONS 6, 8 AND 10 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT 2012 AGAINST HIM, PENDING ON THE FILE OF THE 2^ND ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD AND RELEASE PETITIONER/ ACCUSED ON BAIL BY ALLOWING THIS CRIMINAL REVISION PETITION, IN THE INTEREST OF JUSTICE.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.T.R.Patil, learned counsel for the petitioner and Sri.Jairam Siddi., learned High Court Government Pleader for respondent No.1 – State and Sri.Lingesh V.

kattemane, learned counsel for respondent No.2.

2. The petitioner/accused has filed this petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), praying to set-aside the order passed in APMC Navanagar PS Crime No.24/2025 registered for the offence 64 of Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’), and Sections 6, 8 and 10 of the Protection of Children from Sexual Offences Act (for short, ‘the POCSO Act’).

3. The accused had filed an application under Section 187(3) read with Section 193(2) of the Bharatiya Nagarik Suraksha Sanhit, 2023 (for short, ‘the BNSS’), before the trial Court to release him on bail in APMC Navanagar Police Station Crime No.24/2025 registered for the offences punishable under Section 64 of the BNS and under Sections 6, 8, an 10 of the POCSO Act, on the ground that the Investigation Agency has not filed charge sheet within a period of 60 days from the date of arrest of the accused. The petitioner was arrested on 19.02.2025 and since then, he is in judicial custody.

4. As per the proviso to Section 187(3) read with Section 193(2) of the BNSS, the Investigation Agency has to file final report within a period of 60 days from the date of the arrest of the accused. Since the Police failed to file the charge sheet within the stipulated period of 60 days, the accused is entitled for grant of statutory bail. He is ready to offer surety to the satisfaction of the Court. Hence, he had filed an application before the trial Court. The trial Court rejected his application. Hence, the petitioner has preferred this petition.

5. Learned counsel for the petitioner contended that the investigation in this case is not completed as provided under the aforesaid provisions and the petitioner has been in custody since 19.02.2025.

6. The petitioner is involved in the offence punishable under Section 6 of the POCSO Act. Section 6 of the POCSO Act, reads as under:

6. Punishment for aggravated penetrative sexual assault-1) whoever commits aggravated penetrated sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person, and shall also be lia