- 1 - NC: 2025:KHC:9368 CRL.P No. 258 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 258 OF 2025 BETWEEN: SRI. GOVARDHANA M.C. S/O CHALAPATHI, AGED ABOUT 21 YEARS, R/AT: BYREBANDA VILLAGE CHINTAMANI TALUK, CHIKKABALLAPURA - 562 101. …PETITIONER (BY SRI. NARAYANASWAMY K.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA KENCHARLAHALLI POLICE STATION REP. BY. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. PUSHAPALATHA, ADDL.SPP, ALONG WITH SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S.439 OF CRPC IN (CRIME NO.69/2024) SPL.S.C.NO.141/2024 OF THE KENCHARIAHALLI POLICE STATION FOR THE OFFENCE P/U/S 363, Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:9368 CRL.P No. 258 of 2025 366, 376(2)(N) OF IPC AND SEC.6, 8, 12 OF POCSO ACT 2012 AND U/S.9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006, PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC I CHIKKABALLAPURA. THIS CRL.P, 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.S.C.No.141/2024, pending before the Court of Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.69/2024 registered by Kencharlahalli Police Station, Chikkaballapura for the offences punishable under Sections 363, 366, 376(2)(n) of Indian Penal Code, 1860 (for short, 'IPC') and Sections 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Section 9 of the Prohibition of Child Marriage Act-2006, is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard learned counsel for the petitioner and learned Additional SPP along with High Court Government Pleader for respondent No.1. Respondent No.2 who is served in this matter, has remained unrepresented before this Court. - 3 - NC: 2025:KHC:9368 CRL.P No. 258 of 2025 3. FIR in Crime No.69/2024 was registered by Kencharlahalli Police Station, Chikkaballapura against the petitioner herein initially for offence punishable under Section 363 of IPC on the basis of the first information dated 23.05.2024 received from respondent No.2, who is the father of the victim girl aged 17 years 9 months. 4. During the course of investigation of the case, the victim girl and the petitioner were traced together. The petitioner was arrested on 15.07.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in Spl.S.C.No.141/2024 was rejected on 15.10.2024. Therefore, he is before this Court. 5. Materials on record would go to show that the victim girl was found missing from her house on 22.05.2024. Efforts made to trace her had failed and therefore, her father had approached the police on 23.05.2024. 6. During the course of investigation of the case, the victim girl and the petitioner were traced together and the - 4 - NC: 2025:KHC:9368 CRL.P No. 258 of 2025 petitioner was arrested on 15.07.2024. The statement of the victim girl under Section 183 of BNSS-2023 was recorded before the Jurisdictional Magistrate on 27.07.2024. Victim girl has stated that she was in love with the petitioner and her parents were forcing her to marry some other person. Therefore, she had left her house and had gone to meet the petitioner. She herself had forced the petitioner to marry her and after their marriage in the temple, they were residing in a shed at Srinivasapura. The police came near the shed and brought them back. She has not made any allegations against the petitioner which would prima facie attract the alleged offences against the petitioner. Petitioner aged 21 years having no criminal antecedents is in custody for more than 7 months. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 5 - NC: 2025:KHC:9368 CRL.P No. 258 of 2025 The petitioner is directed to be enlarged on bail in Crime No.69/2024 by Kencharlahalli Police Station, for the offences punishable under Sections 363, 366, 376(2)(n) of Indian Penal Code, 1860 and Sections 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act-2006, 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 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 - 6 - NC: 2025:KHC:9368 CRL.P No. 258 of 2025 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 52