Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.8066 OF 2025 BETWEEN: RUDRESH S/O RANGASWAMY AGED ABOUT 22 YEARS RESIDING AT NEAR DODDA GARADI, DODDAPETE, KURUMARADIKERE VILLAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT 577501 …PETITIONER (BY SRI MANIVANNAN G, ADVOCATE) AND:
Digitally 1. STATE OF KARNATAKA signed by CHITRADURGA WOMEN POLICE STATION NANDINI M S CHITRADURGA - 577 502 Location: CHITRADURGA DISTRICT, HIGH COURT REPRESENTED BY STATE PUBLIC PROSECUTOROF KARNATAKA HIGH COURT BUILDINGS HIGH COURT OF KARNATAKA BENGALURU - 560 001
2. XXX …RESPONDENTS (BY SMT.RASHMI PATEL, HCGP FOR R1; R2- SERVED) -2- THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN Cr.No.NO.131/2024 ON THE FILE OF CHITRADURGA WOMEN POLICE STATION, IN SPL.C.NO.15/2025 ON THE FILE OF THE HONOURABLE SPECIAL COURT, 2ND ADDL. DISTRICT AND SESSIONS, CHITRADURGA, FOR THE OFFENCES PUNISHABLE UNDER SECTION 64 R/W 190 OF BHARATIYA NYAYA SANHITA, SECTION 4 AND 17 OF THE POCSO ACT, AND SECTION. 9, 10 AND 11 OF THE CHILD MARRIAGE ACT.
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 No.1 in Spl.C.No.15/2025 pending before the Court of II Additional District and Sessions Judge and
Special Judge, Chitradurga, arising out of Crime No.131/2024 registered by Chitradurga Women Police Station, Chitradurga, for the offences punishable under Section 64 read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'), under Sections 4 and 7 of the Protection of Children from Sexual Offences Act (for short 'POCSO Act') and under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 (for short 'the Act') is before this Court in this successive bail application filed
-3- under Section 483 of the Bharathiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), seeking regular bail.
2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter, has remained unrepresented before this Court.
3. FIR in Crime No.131/2024 was registered by
Chitradurga Women Police Station, Chitradurga initially for the offence punishable under Section 137(2) of BNS, 2023 against unknown person based on the first information dated 22.11.2024 received from Keerthiraj, who is the brother of victim girls. During the course of investigation, petitioner herein was arrested on 27.11.2024 and after completing investigation, charge sheet has been filed against six persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the trial Court in Crl.Misc.No.162/2025 was rejected on 17.03.2025 therefore, he is before this Court.
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4. First informant, who is the brother of the victim girls has stated that his younger sisters aged about 17 years and 14 years respectively were found missing from
their house on 21.11.2024. Efforts made to trace them had failed and therefore, he had approached the police. During the course of investigation, the victims were traced
and the petitioner was arrested on 27.11.2024. After completing the investigation, charge sheet has been filed against six persons. In the charge sheet it is alleged that the elder sister and brother-in-law of petitioner had pressurized the victim girl aged 17 years to marry the petitioner and when she had refused, they allegedly had taken her and her younger sister with them and had performed her marriage with the petitioner in a temple near Tirupati. It is further alleged that after they returned from Tirupati, petitioner had sexual intercourse with victim girl against her wishes.
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5. Statement of the victim girl, who was studying
in 1st year B.Com, under Section 183 of BNSS, 2023 was recorded by the jurisdictional Magistrate in the present case on 03.12.2024. In the said statement, she has only made an allegation that she was taken by the elder sister and brother-in-law of the petitioner forcibly and her marriage with the petitioner was performed by them on
22.11.2024. She has not made any allegation about petitioner having forcibly sexual intercourse with her after their marriage was performed on 22.11.2024. Even in the medical records of the petitioner, the Doctor has opined that there is no sign of recent forcible sexual intercourse. Insofar as the younger sister of the victim is concerned, there is no allegation in the charge sheet about any kind of sexual assault on her by any one of the accused persons.
Petitioner aged about 22 years having no criminal antecedents is in custody from 27.07.2024 onwards. Investigation of the case is completed. The trial in the case is yet to commence. Under the circumstances, I am -6- of the view that, the prayer made by the petitioner for grant of bail needs to be answered affirmatively.
6. Accordingly, the following;
(i) The petition is allowed.
(ii) The petitioner is directed to be enlarged on bail in
Crime No.131/2024 registered by Chitradurga Women Police Station, Chitradurga, for the offences punishable under Section 64 read with Section 190 of BNS, under Sections 4 and 7 of POCSO Act and under Sections 9, 10 and 11 of the Act, subject to the following conditions:
(a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 Court unless the Trial Court exempts his appearance for valid reasons; -7-
(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 VBS List No.: 1 Sl No.: 31