Sri Sharanagouda S/O Bheemanagouda Hunagundi Vs State of Karnataka

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NC: 2025:KHC-D:2091 CRL.A No. 100011 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3^RD DAY OF FEBRUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100011 OF 2025 (U/S 14 A(2) of SC and ST ACT)

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BETWEEN:

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SRI. SHARANAGOUDA S/O. BHEEMANAGOUDA HUNAGUNDI, AGE. 23 YEARS, OCC. DRIVER, R/O. CHIKKMYAGERI VILLAGE-583231, TQ. YELBURGA, DIST. KOPPAL.

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…APPELLANT

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(BY SRI. NEELENDRA D.GUNDE AND SRI. HANUMESH M.DESAI, ADVOCATES)

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AND:

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STATE OF KARNATAKA BY RON POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001.

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B K MAHENDRAKUMAR Digitally signed by B KMAHENDRAKUMAR Location: High Court ofKarnataka, Dharwad BenchDate: 2025.02.06 11:20:39+0530

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SRI. BALAPPA S/O. PADIYAPPA MADAR AGE. 51 YEARS, OCC. AGRI, R/O BOMMASAGAR-583231, TQ. GAJAENDRAGADA, DIST. GADAG.

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(BY SRI. T.HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS SERVED)

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…RESPONDENTS

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THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST (POA) ACT, PRAYING TO, GRANT THE APPELLANT/ACCUSED NO.3 ANTICIPATORY BAIL AND DIRECT RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN THE IN CRIME NO.103/2024 REGISTERED FOR THE OFFENCES PUNISHABLE U/S 137(2), 351(2), 352, 64(m), R/W 3(5) OF BNS 2023 AND U/S 3(1)(r), 3(1)(s), 3(2)Va) OF SC/ST AMENDMENT ACT 2015 AND SECTION 6, 12, 17 OF POCSO ACT 2012, PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE GADAG IN SPL.C. (SC/ST) NO.232/2024 AND GRANT BAIL.

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2 - NC: 2025:KHC-D:2091 CRL.A No. 100011 of 2025

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL JUDGMENT

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Heard the learned counsel for the appellant and the learned Additional Government Advocate for Respondent No.1 - State.

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This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is filed seeking anticipatory bail.

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The case of the prosecution is that on 04.07.2023, at about 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 noticed that his minor daughter was missing from the house. Suspecting the accused, who had allegedly been harassing his minor daughter, the complainant lodged an FIR against him. After 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 his vehicle.

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The appellant/Accused No.3 has been charge-sheeted for offences punishable under Sections 137(2), 351(2), 352, 64(m) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sections

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6, 12, and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the POCSO Act’).

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Except for the allegation that the appellant/Accused No.3 transported Accused No.1 and the victim in his vehicle, no other direct allegation has been made against him. Therefore, his custodial interrogation is not necessary.

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In light of the investigation, the appellant/Accused No.3 has made out a prima facie case for the grant of anticipatory bail. Accordingly, I proceed to pass the following:

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ORDER

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a. The appeal is allowed .

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b. The appellant/accused No.3 is enlarged on anticipatory bail, in the event of their arrest, in Crime No.103/2024, registered by Ron Police Station, 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) and 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocity) Act, 1987 and Sections 6, 12 and 17 of the Protection of Children from Sexual Offence Act, subject to following conditions:

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i. Appellants/accused No.3 shall furnish personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court.

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