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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Aravind D. Kulkarni, learned counsel for the petitioner, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent No.1 and Sri.Umesh P.Hakkarki, advocate for Sri.M.V.Hiremath, advocate for respondent No.2-defacto complainant.

2. Petition under Section 397 of Cr.P.C./438 BNSS with the following prayer:-

a. Set aside the order dated 01.02.2025 passed by the Additional District and Sessions Judge, FTSC-I, At-Haveri in Spl.S.C.No. 08/2025 and consequently allow the application filed by the petitioner and enlarge the petitioner on default bail in Spl.S.C. No.08/2025 pending on the file of Additional District and Sessions Judge, FTSC- I, Haveri, registered for the offences punishable under Section 376(2)(n), 506 of IPC and under Sections 4,6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter for short 'POCSO Act, 2012') and such other reliefs.

NC: 2025:KHC-D:4160

3. Facts in brief which are utmost necessary for disposal of present petition are as under:

Second respondent filed a complaint on 25.11.2024 alleging that she is residing with her husband Shabbirahmad at Vardi village in Hangal taluk and she is eaking out her livelihood through household work and her husband is a coolie. Complainant is having a son by name Mahamad aslam and four daughters. Her son is also doing the coolie work at Goa and elder daughter Mumtajbegaum got married. Second daughter Khuthejabanu is pursuing her bachelor degree at Gandhipur college, Haveri. Fourth daughter (victim girl) is studying in 9th standard and 3rd daughter Sadiyakausar is aged 16 years 7 months discontinued her education studying in Urdu school, Naregal up to 10th standard.

Copy served on Special PP.

Special PP prays time to file objections to the aforesaid application.

In the mean while, Office is directed to verify and to endorse in the order sheet as to whether the charge sheet is submitted by the IO in this Case or not.

Call on for objections of Special PP to the aforesaid application filed U/Sec 187 (3) (ii) of BNSS by 29.01.2025.

I/c Addl. District and Sessions Judge, FTSC-1, Haveri.

Original FIR/Complainant, PF. 164 Statement and Panchanama are kept along with this file.

Material objects seized in this case are not produced.

There are 35 witnesses cited for prosecution in this case.

Accused is in JC.

Name of the accused is:

A.1 Moulali s/o Babajan Challal Occu: Driver Age: 39 yrs R/o: Vardi Village Tq: Hanagal Dist: Haveri.

Hence submitted for orders.

P/Clerk Sheristedar I have perused the charge sheet, information furnished, FIR issued, statements recorded and material documents enclosed and also produced on record.