- 1 - NC: 2025:KHC:7685 CRL.P No. 1404 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1404 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MADHUKUMAR S @ MADHU S/O LATE SRIRAMULU, AGED ABOUT 31 YEARS, RESIDING AT: NO.10, JAYAPRAKASH NARAYANA COLONY, BEHIND FEDERAL MOGAL COMPANY, YALAHANKA, BENGALURU-560 064. …PETITIONER (BY SRI. GIRISH R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HEBBAL PS, NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. SMT. VIJAYALAXMI W/O RAMAKRISHNA, AGE 36 YEARS, R/AT: NO.1150, 5TH CROSS, SSA ROAD, C.N.HALLI, HEBBAL, R.T.NAGAR POST, BENGALURU-560 024. …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7685 CRL.P No. 1404 of 2025 THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT HEBBAL POLICE TO RELEASE THE PETITIONER IN CR.NO.275/2023 IN SPL.C.NO.2378/2024 PENDING ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (FTSC-II), BENGALURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND OFFENCES UNDER SECTIONS 363, 366, 376(2)(n) OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned HCGP for the State and perused the material on record. 2. Petitioner has been arrested in connection with a case registered in Cr.No.275/2023 at Hebbal Police Station, Bengaluru City, for an offence under Section 363 of IPC. 3. Complaint is lodged by victim’s mother reporting missing of her daughter aged about 17 years 5 months from 10 a.m. on 25.11.2023. - 3 - NC: 2025:KHC:7685 CRL.P No. 1404 of 2025 4. On tracing the victim, her statement was recorded by the police as well as by the learned Magistrate. Accused was arrested on 27.09.2024 and he is in judicial custody since then. On completion of investigation, charge sheet has been filed against the accused for offences punishable under Section 363, 366, 376(2)(n) of IPC and 6 of the POCSO Act. 5. It is the case of prosecution that the accused/petitioner kidnapped complainant’s minor daughter on 25.11.2023 and took her to Thirupathi in Andhra Pradesh and after spending 2 days in Thirupathi, took her to Kadapa on 28.11.2023, wherein he took a house belonging to CWs.10 and 11, on rent, telling them that they are siblings and with a false promise of marriage, committed penetrative sexual assault on the minor victim. 6. Prosecution is relying on the school records and the study certificate issued by the Head Master of the school where the victim studied from 1st to 8th standard. - 4 - NC: 2025:KHC:7685 CRL.P No. 1404 of 2025 As per school records, date of birth of the victim is 9.6.2006. It is therefore, contended by the learned High Court Government Pleader that the victim was a minor as on the date of commission of the offence and there is a prima facie case against the petitioner. He contended, if the petitioner is enlarged on bail, he may influence the victim not to give evidence before the trial Court and accordingly, sought to dismiss the petition. 7. The learned counsel for petitioner has seriously disputed the age of the victim contending that no authentic documents are secured by the I.O. to prove the date of birth of the victim. It is his contention that the prosecution has not obtained the birth certificate and not estimated victim’s age by medical examination and therefore, there is no sufficient material at this stage to show that the victim was a minor. 8. In this case, the victim has refused to undergo medical examination and hence, there is no medical report pertaining to the victim. - 5 - NC: 2025:KHC:7685 CRL.P No. 1404 of 2025 9. I have perused the statement of victim recorded under Section 164 of Cr.P.C. The victim has not alleged any sexual assault committed on her by the accused. Prosecution has to establish the case against the petitioner in a full fledged trial. Investigation is completed and charge sheet is filed. Hence, without expressing any view on the merits of the case, by imposing conditions, petitioner can be released on bail. Accordingly, the following: ORDER I. Petition is allowed. II. Petitioner/accused in Crime No.275/2023 of Hebbal Police Station, pending in SPl.C.No.2378/2024 on the file of the Court of the Additional City Civil and Sessions Judge, FTSC-II, Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only), with two sureties for - 6 - NC: 2025:KHC:7685 CRL.P No. 1404 of 2025 the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on every date of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 32 Ct:ar