Full Judgment Text
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NC: 2026:KHC-D:6240
CRL.P No. 100478 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
TH
DATED THIS THE 27 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100478 OF 2026
(439 OF Cr.PC/483 OF BNSS)
BETWEEN:
VENKATESH
S/O. POTHANNA,
AGE: 43 YEARS,
OCC: AGRI,
R/O. WARD NO.4,
NEAR GANESHA TEMPLE,
KAPPAGALLU VILLAGE,
TQ. & DIST. BALLARI-583104.
…PETITIONER
Digitally signed
by
MALLIKARJUN
RUDRAYYA
KALMATH
Location: High
Court of
Karnataka,
Dharwad Bench
(BY SRI VADIRAJ P. VADAVI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY MOKA P.S,
TQ. & DIST. BALLARI,
REPRESENTED BY
ADDITIONAL S.P.P.,
HIGH COURT PREMISES,
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CRL.P No. 100478 of 2026
HC-KAR
DHARWAD-580011.
2. SMT. X.Y.Z.
AGE: 18 YEARS, OCC: NIL,
R/O. WARD NO.01,
MAREMMA TEMPLE ROAD,
KORALAGUNDHI VILLAGE,
TQ.& DIST. BALLARI-583101.
…RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
NOTICE TO R2 SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, (U/S.483 OF BNSS)
PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON
REGULAR BAIL IN CRIME NO.140/2025 REGISTERED BY MOKA
PS, TQ. & DIST. BALLARI FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 64(2)(I), 64(2)(M), 352, 351(2) OF THE
BHARATIYA NYAYA SANHITA, 2023, AND UNDER SECTION 4,
5(L), 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT, 2012, AND UNDER SECTION 9 OF THE CHILD
MARRIAGE RESTRAINT ACT, PENDING ON THE FILE OF THE
ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1,
BALLARI, IN SPL.C.NO.1253/2025, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 100478 of 2026
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard the arguments of Sri. Vadiraj P. Vadavi learned
counsel for the petitioner and Sri. Abhishek Malipatil learned
HCGP for the respondent No.1 State and perused the material
available on record.
2. This petition is filed under Section 439 of the Code of
1
Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, seeking to release the
petitioner/accused No.2 on bail in Crime No.140/2025 of Moka
P.S., Ballari District, registered for the offence punishable under
Sections 64(2)(i), 64(2)(m), 352, 351(2) of the Bharatiya Nyaya
2
Sanhita, 2023 and under Sections 4, 5(L), 6 of the Protection of
Children from Sexual Offences Act, 2012, and under Section 9 of
the Child Marriage Restraint Act, pending on the file of Additional
District and Sessions Judge, FTSC-1, Ballari.
3. It is the brief case of prosecution as per the
averments made in the complaint, FIR and charge sheet
1
Hereinafter referred to as the ‘Cr.P.C.’
2
Hereinafter referred to as the ‘BNS, 2023’
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HC-KAR
materials that the complainant, being a minor, became
acquainted with accused No.1-Mallikarjuna through Instagram.
After they got acquainted with each other, accused No.1 is
alleged to have committed sexual assault on several occasions
by taking victim to various places, assuring her that he would
marry her. It is further alleged that thereafter, they got married
and lived together for some time and subsequently, accused
No.1 deserted her and went away. Based on these allegations,
the complainant lodged a complaint before the police and
accordingly, the aforesaid offences have been foisted against the
accused.
4. Learned counsel for the petitioner submitted that
there is no allegation against the petitioner in the complaint or in
the charge sheet nor is there any material showing that he
abetted accused No.1 in the commission of alleged offences. It is
submitted that the petitioner is the father of accused No.1 and
has been falsely implicated in the case merely on that basis. It is
further submitted that the petitioner has been in judicial custody
since 08.12.2025 and now the charge sheet has been filed.
Therefore, prays to release the petitioner on bail.
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5. The learned HCGP has vehemently objected for grant
of bail to the petitioner and prays to reject the bail petition.
6. Upon perusal of the complaint, FIR and charge sheet
materials, the substantial allegation is against accused No.1, who
is alleged to have induced and taken the victim to various places
and committed sexual assault on her. It is also alleged that both
accused No.1 and victim had gone through a form of marriage
ceremony. The only allegation against the petitioner is that he
has instigated accused No.1 to marry the victim. However, this
allegation is omnibus in nature. It is also relevant to note that
both accused No.1 and the victim were minors at the time of
alleged incident. At this stage, the prosecution is not clear as to
whether the petitioner had abetted accused No.1 in the
commission of offence or whether the petitioner had participated
in solemnizing any such marriage. Further, the petitioner is in
custody since 08.12.2025, the charge sheet has been filed and
now trial is at the stage of framing of charges. Therefore,
considering the relevant factors and circumstances of the case
and without expressing any opinion on the merits involved in the
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case, the petitioner/accused No.2 be enlarged on bail with the
following conditions.
7. Hence, I proceed to pass the following:
ORDER
allowed
i) The petition is .
ii) The petitioner/accused No.2 is ordered to be
enlarged on bail in Crime No.140/2025 of Moka P.S., Ballari
District, registered for the offence punishable under Sections
64(2)(i), 64(2)(m), 352, 351(2) of the Bharatiya Nyaya Sanhita,
2023 and under Sections 4, 5(L), 6 of the Protection of Children
from Sexual Offences Act, 2012, and under Section 9 of the Child
Marriage Restraint Act, pending on the file of Additional District
and Sessions Judge, FTSC-1, Ballari, subject to the following
conditions:
a) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- along with one
surety for the like sum to the satisfaction of the trial
Court.
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b) The petitioner shall not leave the
jurisdiction of the trial Court without prior permission
of the Court.
c) The petitioner shall not tamper and
threaten the prosecution witnesses in any manner.
d) The petitioner shall mark his attendance
before the concerned police station on every
Saturday between 11.00 a.m. to 02.00 p.m.
e) The petitioner shall attend the Court
regularly during the trial without fail. If not attend
for consecutive two times it entails cancellation of
bail.
iii) Violation of any of the conditions imposed shall
entitle the prosecution to move for cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PMP /CT-AN
List No.: 2 Sl No.: 12