- 1 - NC: 2025:KHC:12021 CRL.P No. 1712 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1712 OF 2025 BETWEEN: SRI GOPALA REDDY AGED ABOUT 42 YEARS, S/O SHIVA REDDY R/O 1-2 MOHAN RAO COLONY KADRI ROAD GORANTLASATHASAI DISTRICT, ANDRAPRADESH - 515 231. …PETITIONER (BY SRI PUTTARAJA, ADV.) AND: 1. THE STATE OF KARNATAKA BY CHIKKAJALA POLICE STATION REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. SOWMAY N POLICE INSPECTOR CCB WOMENS PROTECTION CELL, BENGALURU - 560 001. …RESPONDENTS (BY SRI NAGESHWARAPPA, HCGP FOR SRI HARSHITH B, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL, WHO IS IN JUDICIAL CUSTODY SINCE 25.10.2024 IN CONNECTION WITH CR.NO.213 OF 2024 ON THE FILE OF COURT OF THE COURT OF THE FTSC-1, ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR THE OFFENCE P/U/S 3, 4 AND 5 OF THE IMMORAL TRAFFIC PREVENTION ACT, 1956 AND SEC. 4, 8 AND 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND SEC. 143(2) AND 143(3) OF THE BNS, 2023 THAT REGISTERED BY THE Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12021 CRL.P No. 1712 of 2025 RESPONDENT POLICE NO.1 CHIKKAJALA P.S., BY ALLOWING THIS PETITION, ON SUCH TERMS AND CONDITINS AS THIS HONBLE COURT MAY DEEM FIT TO IMPOSE IN THE CIRCUMSTANCES OF THE CASE. 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 Crime No.213/2024 registered by Chikkajala Police Station, Bengaluru City, for the offences punishable under Sections 3, 4 & 5 of Immoral Traffic Prevention Act, 1956, Sections 4, 6 & 8 of POCSO Act, and Sections 143(2) & 143(3) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.213/2024 was registered by Chikkajala Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 25.10.2024 received from Sowmya, Police Inspector who was attached to CCB, Women Protection Wing, Bengaluru. During the course of investigation, petitioner herein was arrested on 25.10.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge - 3 - NC: 2025:KHC:12021 CRL.P No. 1712 of 2025 sheet is filed against eight accused persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed in Crl. Misc. No.392/2025 before the jurisdictional Sessions Court was dismissed on 24.01.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that the victim's age becomes doubtful since she has stated that she has studied upto PUC. He has produced the copy of the Aadhaar card allegedly submitted by the victim in a lodge and submits that as per the date of birth found in the Aadhaar card, victim is a major. Petitioner has no other criminal antecedents. Investigation of the case is completed. Accordingly, he prays to allow the petition. 5. Learned HCGP and the learned Counsel for respondent no.2 have opposed the petition. They submit that the victim girl has made serious allegations against the petitioner and the victim girl's school records are produced which would prima facie go to show that she is a minor. They have also relied upon the judgment of the Hon'ble Supreme Court in the case of SAROJ & OTHERS VS IFFCO-TOKIO GENERAL INSURANCE CO. - 4 - NC: 2025:KHC:12021 CRL.P No. 1712 of 2025 & ORS. - 2024 INSC 816, and submits that Aadhaar card cannot be relied to prove the age of the victim girl. 6. First information was registered against the petitioner based on the credible information that the petitioner was involved in the racket of prostitution and he was using the services of minor girls for his illegal business. During the course of raid that was conducted to a premises within the jurisdiction of Chikkajala Police Station, petitioner was apprehended and the victim girl who was a minor was rescued. Subsequently, petitioner was arrested and remanded to judicial custody. Statement of the victim girl was recorded under Section 161 Cr.PC and also under Section 164 Cr.PC subsequently, and in the said statements, victim girl has made allegations against the petitioner that he had committed penetrative sexual assault on her. To prove the age of the minor, the school records of the victim girl have been collected by the Investigation Officer and the statement of the Headmaster who has issued the certificate of age proof of the victim girl is also recorded by the Investigation Officer. - 5 - NC: 2025:KHC:12021 CRL.P No. 1712 of 2025 7. The Hon'ble Supreme Court in Saroj's case supra, has observed that Aadhaar card cannot be used to establish the proof of date of birth. There is allegation against the petitioner that he has not only committed penetrative sexual assault on the victim girl, but he also has used her services for the purpose of his illegal business of prostitution. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail cannot considered at this stage. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK