IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103725 OF 2024 [439(CR.PC)/483(BNSS)]

BETWEEN:

NAGARAJA S/O. SANNA HALAKUNDI, AGE: 22 YEARS, OCC. DRIVER, R/O. S.C. COLONY, TEGGINABUDIHAL VILLAGE, DIST. BALLARI-583102.

… PETITIONER (BY SRI RAJA RAGHAVENDRA V.NAIK, ADVOCATE)

AND:

1. THROUGH P.D.HALLI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580001.

2. RAVI S/O. WATTERI MAREPPA, Digitaly signed b M y ALLIKARJUN AGE: 43 YEARS, OCC. LABOURER, M RU A D L R LI A K Y A Y R A JUNR KA U L D M RA A Y T Y H A KALMATH D 20 a 2 te 5 : .02 .07 S.C. COLONY, NEAR MAREMMA TEMPLE, 14:21:30 +0530 TEGGINABUDIHAL VILLAGE, DIST. BALLARI-583102.

… RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1;

R2-NOTICE SERVED)

THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS, PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.1 IN SPL.S.C. NO.977/2024 PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSION JUDGE FTSC-I, BALLARI REGISTERED FOR THE OFFENCES PUNISHABLE U/S. 137(2), 87 AND 64 OF BNS, 2023 AND SECTION 87, 64 OF BNS 2023, SECTION 4 AND 6 OF POCSO ACT, 2012 BEFORE P.D. HALLI POLICE STATION IN CRIME NO.85/2024.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) for grant of regular bail in Crime no.85/2024 by P.D. Halli Police Station for offences punishable under Sections 137 (2), 87 and 64 of Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short) and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO’ for short) by sole accused (petitioner).

2. Sri Raja Raghavendra V. Naik, learned counsel for petitioner submitted case of prosecution was that on 19.08.2024 at 8:30 p.m., Ravi s/o Watteri Mareppa (informant) had approached P.D. Halli Police Station to inform that his minor daughter (victim) studying in 10^th standard and who had gone to shop at 10:00 a.m., had not returned home even by 12:00 p.m. While they were searching petitioner, a driver by profession had called Manju son of informant stating that he had taken victim along with him to Ballari and asked him to come to Ballari and he would bring her. But failed to bring her.

Informant further stated that on earlier occasion when there was issue about petitioner and victim being in love with each other, same was sorted out by elders, as victim was still a minor. Therefore Petitioner was asked to restore custody of minor victim to her parents on assurance that no complaint would be filed. Even then he had failed. Hence he had approached police. But as informant was unwilling to lodge complaint, a suo-motu complaint in Crime no.85/2024 was registered under Section 137 (2) of BNS.

3. It was submitted, victim was found at petitioner’s elder uncle’s house at Obalapura on 20.08.2024. Her statement under Section 180 of BNSS was recorded on 21.08.2024, wherein she stated that she was in love with petitioner, but her parents were forcing her to stop same. Therefore, she and petitioner had decided to get married and left village on 19.08.2024 at 12:00 p.m. Petitioner took her to his younger uncle’s house in Ballari. And there petitioner slept with her once and touched her private part.

4. It was submitted, victim had not specifically stated about petitioner having sexual intercourse with her. But, in her statement recorded under Section 183 of BNSS, she had stated that petitioner had sexual intercourse with her even after she refused her consent. Thereafter they went to his elder uncle’s house at Obalapura. It was submitted, Medical Examination Report of victim would show an ‘old’ tear of hymen. Though seminal discharge was stated, none of victim’s clothes were found stained with semen as per FSL report. It was therefore submitted, victim’s statement about go