IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3^RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103765 OF 2024 (439(Cr.PC)/483(BNSS))

BETWEEN: SANTHOSH S/O. BASAVANTAPPA ANANDAGIRI AGE. 23 YEARS, OCC. PVT. SERVICE, R/O. BOMMASAGAR, TQ. GAJENDRAGAD, DSIT. GADAG-582211.

…APPELLANT (BY SRI. A.C. CHAKALABBI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA (BY RON POLICE STATION, RON), REP. BY SPP, HIGH COURT BUILDING, DHARWAD.

2. BALAPPA S/O. PADIYAPPA MADAR AGE. 51 YEARS, OCC. AGRICULTURE, R/O. BOMMASAGAR, TQ. GAJENDRAGAD, Digitally signed by B DIST. GADAG-582211.

K MAHENDRAKUMAR …RESPONDENTS B K Location: HIGH MAHENDRAKUMAR C K A O R U N R A T T O A F KA (BY SRI. T.HANUMAREDDY, AGA FOR R1;

DHARWAD BENCH Date: 2025.02.11

15:51:54 +0530 NOTICE TO R2 IS SERVED)

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL FOR THE ALLEGED FOR THE OFFENCES PUNISHABLE U/S 137(2), 351(2), 352, 64(m) R/W 3(5) OF BHARATHIYA NYAYA SANHITA (BNS) 2023 AND SECTION 3(1)(r)(s), 3(2)(va) OF SCHEDULED CASTE (SC) AND SCHEDULED TRIBE (ST) (PREVENTION OF ATROCITIES) ACT 1987 AND SECTION 6, 12 AND 17 OF POCSO ACT 2012 IN SPL.C.NO.232/2024 ARISING OUT OF RON PS CRIME NO.103/2024 PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE GADAG.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL JUDGMENT

1. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent No.1 –

State.

2. The present appeal is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking regular bail.

3. The prosecution’s case is that on 04.07.2023, at approximately 10:30 p.m., the complainant was sleeping at his residence in Bommasagara, Gajendragad, along with his wife and three children. On 05.07.2024, at around 3:00 a.m., when he woke up to attend to nature’s call, he found that his minor daughter was missing from the house. Suspecting the involvement of the accused, who had allegedly harassed his minor daughter in the past, the complainant lodged an FIR against him. Following an investigation, the police filed a charge sheet, alleging that the appellant/accused No.3, who is a relative of accused No.1, had transported accused No.1 and the victim girl to Hosapete in a vehicle.

4. The petitioner/accused No.2 has been charge-sheeted for the offences punishable under:

• Sections 137(2), 351(2), 352, and 64(m) read with Section

3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS)

• Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 • Sections 6, 12, and 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act)

5. The charge sheet filed by the police against petitioner/accused No.2 states that when accused No.1 and the victim girl reached Bangalore, he arranged accommodation for them in a lodge and then left the location. Apart from this allegation, there are no other specific accusations against the petitioner/accused No.2.

6. Considering the limited role attributed to the petitioner/accused No.2 and in the absence of any direct evidence suggesting active participation in the principal offence, he has made out a prima facie case for the grant of bail. Accordingly, the petitioner/accused No.2 is entitled to be enlarged on bail, subject to the following conditions:

7. Accordingly, I pass the following:

ORDER i) The petition stands allowed ii) The petitioner/accused No.2 is enlarged on bail in Spl.C No.323/2024 pending on the file of learned Addl. District &

Sessions Judge, Gadag for the offences punishable under Sections 137(2), 351(2), 352, 64(m) read with Section 3(5) of Bharathiya Nyaya Sanhita (BNS) 2023 and Sections 3(1)(r)(s), 3(2)(va) of Scheduled Caste and Sch