- 1 - HC-KAR NC: 2025:KHC:25398 CRL.P No. 323 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 323 OF 2025 BETWEEN: SRI MANJU @ MANJU RAMESHA GANIGERA S/O RAMESHA YALLAPPA GANIGERA AGED ABOUT 21 YEARS, PRESENTLY RESIDING AT GTTC COLLEGE SHED, CHIKKAKALYA VILLAGE, HOBALI, MAGADI TALUK, RAMANAGARA DISTRICT-562 120, PERMANENT RESIDENT OF BHUVEERAPURA VILLAGE, KALLIHAL POST, HAVERI TALUK, HAVERI DISTRICT-581 110. …PETITIONER (BY SRI. RAJESHA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY P.S.I, KUDURU P.S., RAMANAGARA DISTRICT, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001. 2. XXX …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25398 CRL.P No. 323 of 2025 (BY SRI RANGASWAMY R., HCGP FOR R1) THIS CRL.P IS FILED U/S. 439 (FILED U/S. 483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CR.NO.240/2023 (SPL.C.(POCSO) NO.143/2023) PENDING ON THE FILE OF THE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA FOR THE OFFENCE P/U/S 363, 376(2)(i) OF IPC AND SECTIONS 4, 6 OF POCSO ACT 2012 U/S. 3(2)(v) OF SC/ST (POA) ACT RAISED BY THE KUDUR P.S., MAGADI TALUK. 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.Case(POCSO)No.143/2023, pending before the Court of 1st Additional District and Sessions Judge, Ramanagara, arising out of Crime No.240/2023 registered by the Kudur Police Station, for the offences punishable under Sections 363, 346(2)(i) of IPC and Sections 4 and 6 of Protection of Children From Sexual Offences Act, 2012 (POCSO), and under Section 3(2)(v) of SC/ST (Prevention of - 3 - HC-KAR NC: 2025:KHC:25398 CRL.P No. 323 of 2025 Atrocities) Act, is before this Court under Section under Section 483 BNNS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.1-State. 3. Respondent No.2 though served with notice has remained unrepresented before this Court. 4. First information report in the present case was registered by Kudur Police Station in Crime No.240/2023 initially for the offence punishable under Section 363 of BNNS, 2023, based on the first information dated 30.07.2023 by respondent No.2 who is the father of the victim girl. During the course of investigation, the petitioner herein and the victim girl were traced. The petitioner was arrested on 04.08.2023, and subsequently remanded to the judicial custody, and since then he is in judicial custody. 5. After completion of investigation charge sheet has been filed against the petitioner for the aforesaid offences. The bail application filed before the Trial Court in - 4 - HC-KAR NC: 2025:KHC:25398 CRL.P No. 323 of 2025 Crl.Misc.No.761/2023 was rejected on 05.10.2023. Therefore, the petitioner is before this Court. 6. Learned counsel for the petitioner submits that victim girl and the petitioner are in love with each other and victim girl has not made any allegations against the petitioner about he committing any kind of sexual assault while she stayed with him after the FIR was registered against the petitioner. He further submits that the petitioner is aged about 21 years and is in custody for nearly two years and he has no other criminal antecedents. Accordingly, he prays for allowing the petition. 7. Per contra, learned High Court Government Pleader opposed the petition and he submits that the victim girl is a minor and the medical report of the victim girl supports the case of the prosecution, and accordingly sought for dismissal of the petition. 8. FIR in the present case was initially registered against unknown persons based on the first information dated 30.07.2023 submitted by the father of the victim girl alleging that the victim girl was found missing from her house at night - 5 - HC-KAR NC: 2025:KHC:25398 CRL.P No. 323 of 2025 on 28.07.2023 and efforts made to trace her failed. Therefore, on 30.07.2023, the first informant approached the Police. During the course of investigation, the petitioner and the victim girl were traced and the petitioner was arrested on 04.08.2023, and subsequently he was remanded to judicial custody. Investigation is completed and charge sheet is filed. 9. The statement of the victim girl under Section 183 of BNNS, 2023 has been recorded before the learned Jurisdictional Magistrate. In the said statement, the victim girl has stated that she is in love with the petitioner and since her parents were opposing her relationship with the petitioner, she had eloped with the petitioner and traveled to Bangalore and thereafter they had traveled to Haveri and stayed in the petitioner's house in Bhooveerapura Village, Haveri, and she has stated that parents of the petitioner abused her and the petitioner, but they allowed them to stay in their house. In the said house, the petitioner forcibly entered her room and slept with her. From the aforesaid statement, it is very clear that the victim girl has not made any allegation against the - 6 - HC-KAR NC: 2025:KHC:25398 CRL.P No. 323 of 2025 petitioner about he committing any kind of sexual assault on her after she eloped with him. 10. The petitioner is aged about 21 years, having no criminal antecedents and is in judicial custody for the last nearly two years from the date of his arrest. Before the Trial Court, there are 28 charge sheet witnesses and trial in the present case is yet to commence. 11. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". - 7 - HC-KAR NC: 2025:KHC:25398 CRL.P No. 323 of 2025 12. Under these circumstances, it is apparent that chances of completion of the trial in the near future is very remote. Therefore, I am of view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively considering his period of incarceration. Accordingly, the following- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.Case(POCSO) No.143/2023, pending before the Court of 1st Additional District and Sessions Judge, Ramanagara, arising out of Crime No.240/2023 registered by the Kudur Police Station, for the aforesaid offences, 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 - 8 - HC-KAR NC: 2025:KHC:25398 CRL.P No. 323 of 2025 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 HR