HIGH COURT PREMISES v. SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R2)

(BY SRI. VADIRAJ P.VADAVI, ADVOCATE) AND:

THE STATE OF KARNATAKA, BY MOKA PS, TQ. AND DIST. BALLARY, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580011. …PETITIONER

SHEKANNA S/O. LATE BASAPPA CHELUVADI, AGE. 55 YEARS, OCC. FARMER, R/O. WARD NO.5, CHALUVADI COLONY, HOSA MOKA VILLAGE, TQ. AND DIST. BALLARY-583101. (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R2) …RESPONDENTS TO, PRAYING ENLARGE (483 OF BNSS), THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CRIME NO.49/2025 REGISTERED BY MOKA PS, TQ. AND DIST. BALLARY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 87, 64(2)(M) OF BHARATIYA NYAYA SANHITA, 2023, UNDER SECTION 4, 5(L), 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND UNDER SECTION 9 OF CHILD MARRIAGE RESTRAINT ACT, PENDING ON THE FILE OF THE COURT OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC COURT, BALLARY IN SPL. C. NO.752/2025, AND ALLOW THE ABOVE CRIMINAL PETITION AND ETC.,. SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:18058 CRL.P No. 104266 of 2025 HC-KAR THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

1. The petitioner is before this Court seeking for grant of regular bail in Crime No.49/2025 of respondent- police for the offence under Sections 137(2), 87, 64(2()(m) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 5(L), 6 of the Protection of Children From Sexual Offences Act, 2012 and Section 9 of the Child Marriage Act, 2006. Brief facts of the case:

2. The case of the prosecution that, on

10.04.2025 at abut 6.30 PM, a minor daughter of the complainant stating that she was going to attend the nature call. However, she did not returned to home even after lapse of considerable length of time. The complainant and his family members started searching whereabouts of the complainant daughter. However, they could not get any information, therefore, a complaint came to be registered - 3 - NC: 2025:KHC-D:18058 CRL.P No. 104266 of 2025 HC-KAR on suspecting the involvement of the present petitioner. The respondent-police after conducting investigation, submitted the charge sheet.

Heard Sri Vadiraj P Vadavi, learned counsel for the petitioner and Sri Jairam Siddi, learned High Court Government Pleader respondent No.1-State and Hanumanthareddi Sahukar, learned counsel for respondent No.2.

It is the submission of the learned counsel for the petitioner is that, the petitioner is innocent of the alleged offence, he is aged about 21 years and permanent resident of Moka village.

It is further submitted that though it is stated to be she is 17 years as on the date of incident, the fact remains that, she did not disclosed her age to the petitioner. Further the victim was intending to marry the petitioner, as result of which, she had accompanied the petitioner. The petitioner after coming to know the age of the victim brought her back to her native. The petitioner - 4 - NC: 2025:KHC-D:18058 CRL.P No. 104266 of 2025 HC-KAR may be enlarged on bail he will abide the condition imposed by this Court. Making such submissions, he prays to allow the petition.

Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the victim was minor as on the date of alleged incidents and she was induced and kidnapped by the petitioner and it is stated that he sexually assaulted on her. Hence, it is not appropriate to grant bail to the petitioner. In case the petitioner is enlarged on bail there may be chances of threatening the persecution witnesses. Making such submissions, he prays to reject the petition.

Having heard the learned counsel for the respective parties and also on perusal the averments of the complaint and also the statement of the victim, it appears that the victim is aged about 17 years 5 months. As per the version of the victim, the petitioner had married and committed sexual assault on her and she was staying along with the in different places. - 5 - NC: 2025:KHC-D:18058 CRL.P No. 104266 of 2025 HC-KAR

Considering the nature of offence and also gravity thereof, it is appropriate to grant bail as prayed for.