[Cites 2, Cited by 0]
Karnataka High Court
Sri Netaji S/O. Maruti Aadin vs The State Of Karnataka on 3 February, 2026
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2026:KHC-D:1470
CRL.P No. 104910 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 104910 OF 2025
(439(CR.PC)/483(BNSS))
BETWEEN:
SRI NETAJI S/O. MARUTI AADIN
AGE. 22 YEARS, CC. PAINTING,
R/O. HOSUR ONI, ARAGUND,
TQ. NARAGUND, DIST. GADAG-582103.
...PETITIONER
(BY SRI. ANAND R. KOLLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
THROUGH NARGUND POLICE STATION, DIST. GADAG.
2. SHAHIDA W/O. IMAMSAB BASAPUR
AGE. 35 YEARS, OCC. HOUSEWIFE,
CHANDRASHEKAR
LAXMAN R/O. VAJAPEYE NAGAR, NARAGUND,
KATTIMANI
TQ. NARAGUND, DIST. GADAG-583229.
...RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1;
Digitally signed by
CHANDRASHEKAR
LAXMAN
SRI. SANTOSH D. NARGUND, ADVOCATE FOR R2)
KATTIMANI
Date: 2026.02.04
14:56:56 +0530
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF
BNSS, PRAYING TO RELEASE PETITIONER/ACCUSED NO.1 ON
REGULAR BAIL (IN CONNECTION WITH CRIME NO. 95/2025
REGISTERED BY THE NARGUND POLICE STATION DISTRICT GADAG)
FOR AN OFFENCE PUNISHABLE U/S 137(2), 65(1) OF BNS AND
SECTION 4 AND 6 OF POSCO ACT, PENDING ON THE FILE OF ADDL.
DISTRICT AND SESSIONS JUDGE GADAG.
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NC: 2026:KHC-D:1470
CRL.P No. 104910 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 V.SRISHANANDA)
1. Heard Sri. Anand R. Kolli, learned counsel for the
petitioner, Sri.P. N. Hatti, learned High Court Government
Pleader for respondent No.1-State and Sri. Santosh D.
Nargund, learned counsel for respondent No.2.
2. Petition under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, with the following prayer:
"Wherefore, the petitioner/accused most
respectfully prayed that, this Hon'ble Court may
be pleased to release Petitioner/Accused No.1
on regular bail (in connection with Crime
No.95/2025 registered by the Nargund Police
Station District Gadag) for an offence
punishable U/S 137(2), 65(1) of BNS and
Section 4 and 6 of POCSO Act. Pending on the
file of Addl. District and Sessions Judge, Gadag,
in the interest of justice."
3. Petitioner is alleged with the offences punishable
under Sections 137(2) and 65(1) of Bharatiya Nyaya
NC: 2026:KHC-D:1470
HC-KAR
Sanhita, 2023 and Sections 4 and 6 of The Protection of
Children from Sexual Offences Act, 2012. After thorough
investigation, charge sheet came to be filed.
4. The attempt made by the petitioner to obtain an
order of grant of bail is turned down by the learned Special
Judge. Thereafter, the petitioner is before this Court.
5. Learned counsel for the petitioner would contend
that the case of the prosecution is as doubtful as anything
inasmuch as there is a huge delay in filing the complaint
itself. Only on the suspicion, petitioner has been
apprehended and he is in custody on and from 16.05.2025.
Therefore, continuation of the accused in judicial custody is
no longer warranted. More so, considering that the charge
sheet has already been filed and sought for grant of bail.
6. Learned High Court Government Pleader for
respondent No.1 and learned counsel for respondent No.2
opposed the bail application and contended that an earlier
order in a matter of similar nature would not be sufficient
enough to grant bail, and sought for dismissal of petition.
NC: 2026:KHC-D:1470
HC-KAR
7. Having heard the arguments of both sides, this
Court perused the material on record meticulously.
8. On such perusal of the material on record, it is
crystal clear that the victim girl is aged 15 years. Therefore,
the argument put forth on behalf of the petitioner that it is
a consensual act cannot be countenanced in law.
9. Further, there is clear averment in the complaint
itself that the accused eloped the victim girl on motorcycle
along with her friends and four of them had been to
Ramadurg.
10. Again on 25.04.2025, the accused took the
victim girl alone near Ramadurg and then had a sexual
intercourse with the victim girl.
11. Taking note of these aspects of the matter, and
also collecting the other corroboratory materials, charge
sheet came to be filed. Further, mere delay in lodging the
complaint is not a valid parameter to consider the bail
request and having regard to the nature and gravity of the
offence alleged against the petitioner herein.
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HC-KAR
12. It is always open for the petitioner to renew his
request after the victim girl and material witnesses are
examined, and if there is any positive change in
circumstances.
13. With that liberty for the petitioner, the following:
ORDER
The petition is dismissed.
Sd/-
(V.SRISHANANDA)
JUDGE
SMM, CT:CMU
LIST NO.: 1 SL NO.: 7
