- 1 - NC: 2025:KHC:17324 CRL.P No. 1779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.1779 OF 2025 BETWEEN: SMT. CHANDANA ALIAS CHANDRAKALA D/O. PRAKASH, AGED ABOUT 19 YEARS, R/O. MAHADEVAPURA LAST STOP, J.P. NAGARA, MYSURU TOWN-570003. …PETITIONER (BY SRI. KESHAV R. AGNIHOTRI, ADVOCATE) AND: 1. THE STATE BY WOMEN POLICE, CHITRADURGA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU -560 001. 2. XXXXXX …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; R2 SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17324 CRL.P No. 1779 of 2025 THE PETITIONER/ACCUSED NO. 1 ON BAIL IN SPL.C.NO.71/2024 OF THE RESPONDENT CHITRADURGA WOMEN POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION U/S 468, 149, 370(4), 376(2)(n), 370(A), 366(A), 323, 344, 346, 363 OF IPC AND SECTION 4, 6 AND 17 OF THE POCSO ACT 2012 AND SEC.3, 4, 5 AND 6 OF THE IMMORAL TRAFFIC PREVENTION 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 1. Accused No.1 in Spl. Case No.71/2024 pending before the Court of II Addl. District and Sessions Judge and Special Judge, Chitradurga, arising out of Crime No.53/2021, registered by women Police Station, Chitradurga for offences punishable under Sections 468, 149, 370(4), 376(2)(n), 370A, 366A, 323, 344, 346, 363 of IPC and Sections 4, 6 and 17 of the POCSO Act, 2012 and Sections 3, 4, 5 & 6 of the Immoral Traffic Prevention Act, is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. FIR in Crime No.53/2021 was registered by Women Police Station, Chitradurga, initially for the offence punishable under Section 363 of IPC against unknown persons after the minor - 3 - NC: 2025:KHC:17324 CRL.P No. 1779 of 2025 daughter of the first informant was found missing from her house on 09.08.2021. It appears that, subsequently, the victim girl was traced on 12.03.2024 and based on her statement, petitioner herein was arrested on 16.03.2024. After completing investigation, charge-sheet has been filed against 10 persons and petitioner is arraigned as accused No.1 in the charge- sheet. Bail application filed by her before the jurisdictional Sessions Court in Spl.C.No.71/2024 was rejected on 12.09.2024, therefore, she is before this Court. 3. Learned counsel for the petitioner having reiterated the grounds urged in the petition, submits that petitioner is an unmarried girl aged about 19 years. She is in custody for the last more than one year. All the other accused persons have been granted regular bail in the present case and accordingly, prays to allow the petition. 4. Per contra, learned High Court Government Pleader who has opposed the petition submits that there are serious allegations against the petitioner. However, he does not dispute that petitioner has no other criminal antecedents. - 4 - NC: 2025:KHC:17324 CRL.P No. 1779 of 2025 5. FIR in the present case was registered against unknown persons initially for the offence punishable under Section 363 of IPC, after the victim girl was found missing on 09.08.2021. It appears that, subsequently the victim girl was traced on 12.03.2024 and based on her statement, petitioner herein was arrested on 16.03.2024. Investigation of the case is completed and charge-sheet has been filed against 10 persons. As per the charge-sheet allegation, the victim girl who had left her house on 09.08.2021 had gone to Mysuru and petitioner herein who met her in Mysuru Bus-stand had taken her along with her under the guise of providing food and shelter and thereafter had used her for her illegal business of prostitution. It is further alleged that accused No.2 is the friend of accused No.1 and subsequently accused Nos.1 and 2 had sent the victim girl to Shivamogga for the purpose of their illegal business of prostitution. Victim girl allegedly was rescued at Shivamogga and thereafter she was sent to her house at Chitradurga and based on her statement, the other accused persons including the petitioner were arrested. Investigation is completed and charge-sheet has been filed. Accused No.7 has been granted regular bail by this Court in Crl.P.9068/2023. Accused No.9 - 5 - NC: 2025:KHC:17324 CRL.P No. 1779 of 2025 has been granted bail by this Court in Crl.P.10618/2024. Accused No.4 has been granted bail by this Court in Crl.P.10152/2024 and accused No.5 has been granted bail by this Court in Crl.P.9315/2024. 6. Petitioner herein who is an unmarried girl aged about 19 years is in custody for the last more than one year. The trial in the case is yet to commence and prosecution has cited altogether 69 charge-sheet witnesses in the present case. Continued detention of the petitioner who is a young girl aged about 19 years is likely to have consequences in future. 7. Considering the aforesaid aspects, I am of the opinion that the prayer for grant of regular bail is required to be answered affirmatively. 8. Accordingly, the Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.53/2021 of Women Police Station, Chitradurga District, registered for the offences punishable under Sections 468, 149, 370(4), 376(2)(n), 370A, 366A, 323, 344, 346, 363 of IPC and Sections 4, 6 and 17 of the POCSO Act, 2012 and Sections 3, 4, 5 & 6 of the Immoral Traffic Prevention Act, subject to the following conditions: - 6 - NC: 2025:KHC:17324 CRL.P No. 1779 of 2025 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 her 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. SD/- (S VISHWAJITH SHETTY) JUDGE sac List No.: 1 Sl No.: 27