- 1 - NC: 2025:KHC:9811 CRL.P No.1626/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.1626/2025 BETWEEN: CHAKALI VANNUR SWAMY @ VINNU S/O LATE CHAKALI RAMAPA AGED ABOUT 23 YEARS. PRESENTLY RESIDING AT NO.002 NEAR ANJINEYASWAMY TEMPLE YEMALURU, BENGALURU 560 037. PERMANENT RESIDING AT NO.1-114-A B C COLONY, CHELIMEPALLI VILLAGE BRAHMASAMUDRAM KALLENADURGA TALUK ANANTAPUR ANDHRA PRPADESH 515871. …PETITIONER (BY SRI. GIRISH R, ADV.,) AND: 1. STATE OF KARNATAKA BY BEGURU PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU 560 001. 2. XXX …RESPONDENTS (BY SRI. K. NAGESHAWARAPPA, HCGP) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9811 CRL.P No.1626/2025 THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT BEGURU POLICE TO RELEASE THE PETITIONER IN CR.NO.256/2024 IN SPL.C.NO.2066/2024 PENDING ON THE FILE OF THE HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE (FTSC-III) BENGLAURU FOR THE ALLGED OFFENCE P/U/S 5, 5(L), 6 OF POCSO ACT, 2012 AND 137(2) AND 64 OF THE BNS, 2023. 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.C.No.2066/2022 pending before the Court of Additional City Civil and Sessions Judge (FTSC- III), Bengaluru, arising out of Crime No.256/2024 registered by Beguru Police Station, Bengaluru City, for the offences punishable under Sections 137(2) and 64 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 4, 5(L) & 6 of the Protection of Children from Sexual Offences Act, 2012, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. - 3 - NC: 2025:KHC:9811 CRL.P No.1626/2025 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1-State. Respondent No.2, who is served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.256/2024 was registered by Beguru Police Station, Bengaluru City, initially for the offence punishable under Section 137(2) of the BNS, 2023 against unknown persons based on the first information dated 20.07.2024 received from respondent No.2, who is the elder sister of the victim girl aged about 17 years. During the course of investigation, the petitioner and the victim girl were traced together and the petitioner was arrested on 16.09.2024 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. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.512/2025 was rejected on 01.02.2025. Therefore, he is before this Court. - 4 - NC: 2025:KHC:9811 CRL.P No.1626/2025 4. Perusal of the material on record would go to show that the victim girl aged about 17 years was found missing from the house of first informant, who is her elder sister, on 19.07.2024. The efforts made to trace the victim girl went in vain and therefore, on 20.07.2024 the first informant had approached the police and submitted the first information, based on which the FIR was initially registered against unknown person. During the course of investigation, the petitioner and victim girl were traced together. Petitioner was arrested on 16.09.2024. The statement of victim girl under Section 164 Cr.P.C. was recorded by the jurisdictional Magistrate on 08.11.2024. The victim girl has stated that she is in love with the petitioner and on 17.07.2024 she had fought in her house and had gone to the house of her friend at Davanagere and thereafter she had called the petitioner and had gone along with him to Andhra Pradesh and has stayed in his mother's house for the period of one month. Subsequently, she and the petitioner returned to Mathikere and stayed in his friend's house and the Police - 5 - NC: 2025:KHC:9811 CRL.P No.1626/2025 came there and brought them back. She has not made any allegation in her statement which would prima-facie attract the charge sheeted offences against the petitioner. Under the circumstances, I am of the opinion that the prayer of the petitioner, who has no other criminal antecedents, for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.2066/2022 pending before the Additional City Civil and Sessions Judge (FTSC-III), Bengaluru, arising out of Crime No.256/2024 registered by Beguru Police Station, Bengaluru City, for the offences punishable under Sections 137(2) and 64 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 4, 5(L) & 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for - 6 - NC: 2025:KHC:9811 CRL.P No.1626/2025 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. Sd/- (S VISHWAJITH SHETTY) JUDGE BSR List No.: 1 Sl No.: 61