Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 932 OF 2025 BETWEEN: HARISH KUMAR @ HARISH, S/O LATE RAMANJINAPPA, AGED ABOUT 27 YEARS, R/AT CANADIAN SCHOOL, SIDDHANAHOSAHALLI, DASANPUR HOBLI, BANGALORE NORTH TALUK - 562 162. ALSO R/AT KOTHUR VILLAGE, NIDGAL HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT - 561 202. …PETITIONER (BY SRI. LAKSHMIKANTH K, ADVOCATE) AND:
Digitally signed by
KAVYA R 1. STATE OF KARNATAKA BY Location: MADANAYAKANAHALLI POLICE STATION, High Court of BANGALORE RURAL DISTRICT, Karnataka REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,HIGH COURT BUILDING, BANGALORE - 01.
2. XXX XXX, …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; R2 - SERVED) -2- THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO
ENLARGED ON BAIL IN CRIME NO.971/2024 (SPL.C.NO.8/2025) OF RESPONDENT POLICE FOR THE ALLEGED OFFENSES P/U/S 64(2)(m) OF BNS R/W SECTION 4, 6 OF POCSO ACT PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-II BENGALURU RURAL DISTRICT AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Spl.C.No.8/2025 pending before the Court
Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru arising out of Crime No.971/2024 registered Madanayakanahally Police Station, Bengaluru District, for offences punishable under Section 64(2)(m) BNS 2023 and Sections 4 and 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS 2023 seeking regular bail.
2. Heard the learned Counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 -3- who is served in the matter has remained unrepresented before this Court.
3. FIR in Crime No. 971/2024 was registered by
Madanayakanahally Police Station, Bengaluru District, for the aforesaid offences against petitioner herein based on the first information dated 16.11.2024 received from respondent No.2, who is the mother of the victim girl aged about 17 years.
4. During the course of investigation of the case,
petitioner herein was arrested on 18.11.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and chargesheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions in Crl.Misc.No.2618/2024 was rejected on 13 th December,
2024. Therefore, petitioner is before this Court.
5. Learned Counsel for the petitioner having reiterated the grounds urged in this petition submits that -4-
petitioner and the victim girl are in love and allegations against the petitioner is with a promise to marry the victim girl he had sexual intercourse with her. Victim girl is now pregnant and she would be attaining the age of 18 years in the month of April 2025. Parents of both the parties are willing to perform the marriage of the petitioner with the victim girl. Accordingly, he prays to allow this petition.
6. Per contra, learned HCGP has opposed the petition on the ground that victim girl is a minor and therefore, the alleged offences get attracted against the petitioner.
7. Perusal of the material on record would go to
show that victim girl whose date of birth is 22.04.2007 was studying in 2nd year PUC and she got acquainted with the petitioner who was residing in a house adjacent to her house. It appears that petitioner and the victim girl started to love each other and the petitioner allegedly promised to marry her and had sexual intercourse with her. The victim girl had complained to her parents that she was suffering
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from stomach pain and therefore she was taken by her parents to the Doctor and after the Doctor had medically examined the victim girl, the parents were informed that victim girl was pregnant. It is under these circumstances, the mother of the victim girl had approached the police on 16.11.2024 and based on her first information, FIR was registered against the petitioner.
8. Petitioner who has no other criminal
antecedents is in custody from 18.11.2024. Investigation of the case is completed and charge sheet has been filed. The statement of the victim girl under Section 183 of BNSS 2023 was recorded by the Jurisdictional Magistrate and the victim girl in her statement has submitted that she is in love with the petitioner and he had promised to marry her and had sexual intercourse with her. She has not made any allegation against the petitioner about having forcibly sexual intercourse with her. Considering the nature of allegations found against the petitioner and also taking into consideration the age of the victim girl, I am of
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ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in
Spl.C.No.8/2025 pending before the Court Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru arising out of Crime No.971/2024 registered Madanayakanahally Police Station, Bengaluru District, for offences punishable under Sections 64(2)(m) BNS 2023 and Sections 4 and 6 of POCSO Act, subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial -7- Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 41 CT: BHK