- 1 - NC: 2025:KHC:12507 CRL.P No. 1859 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1859 OF 2025 BETWEEN: PAWAN KUMAR, AGED ABOUT 25 YEARS, S/O LATE MUTHAYALA, NO. 157, 3RD CROSS T. CHANNAIAH LAYOUT, NAGAVARA, BENGALURU - 560 045. …PETITIONER (BY SRI. MANOHAR N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ADUGODI POLICE BANGALORE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX XXX, …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP; NOTICE TO R2 IS HELD SUFFICIENT VIDE ORDER DATED 25.03.2025) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO ENLARGED THE ACCUSED/ PETITIONER ON BAIL IN THE S.C.NO.2599/2024 PENDING BEFORE FTSC-III ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU FOR THE Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12507 CRL.P No. 1859 of 2025 OFFENCE P/U/S 138(2), 65(1) OF BNSS AND SEC. 4(2) AND (6) OF POCSO ACT OF ADUGODI P.S. IN CR.NO.262/2024. 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.C.No.2599/2024 pending before the Court Additional City Civil and Sessions Judge, FTSC-III, Bengaluru, arising out of Crime No.262/2024 registered Adugodi Police Station, Bengaluru City, for offences punishable under Sections 138(2), 65(1) BNS 2023 and Section 4(2) and 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned Counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. - 3 - NC: 2025:KHC:12507 CRL.P No. 1859 of 2025 3. FIR in Crime No. 262/2024 was registered by Adugodi Police Station, Bengaluru City, initially for offences punishable under Section 137(2) of BNS 2023 against unknown persons based on the first information dated 15.11.2024 received from mother of the victim girl aged about 16 years. 4. During the course of investigation of the case, the petitioner and the victim girl were traced together. The petitioner was arrested on 19.11.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and chargesheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions in Crl.Misc.No.49/2025 was rejected on 23rd January, 2025. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that the petitioner and the victim girl are in love. Victim girl had voluntarily accompanied the petitioner and stayed with him in his house for a period of two days. Victim girl - 4 - NC: 2025:KHC:12507 CRL.P No. 1859 of 2025 has not made any serious allegations against the petitioner in her statement recorded under Section 164 of Cr.PC. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that victim girl has made allegations against the petitioner in her statement recorded under Section 161 of Cr.PC and also in her statement recorded under Section 164 of Cr.PC. Victim is a minor. Accordingly, he prays to dismiss this petition. 7. Perusal of the material on record would go to show that the victim girl was found missing from her house on 14.11.2024, efforts made to trace her had failed and therefore, the first informant had approached the police on 15.11.2024 and based on her first information FIR was initially registered against unknown persons for the offence punishable under Section 137(2) BNS 2023. 8. During the course of investigation of the case, petitioner and the victim girl were traced together in the - 5 - NC: 2025:KHC:12507 CRL.P No. 1859 of 2025 house of the petitioner at Shivajinagar. Petitioner who was arrested in the present case on 19.11.2024, was subsequently remanded to judicial custody. 9. Statement of the victim girl under Section 183 of BNSS 2023 was recorded by the Jurisdictional Magistrate on 20.11.2024. Victim girl has stated that she was acquainted with the petitioner and on 14.11.2024 she had gone along with him to Shivajinagar park and thereafter to his house at Shivajinagar and had stayed there for a period of two days. She has stated that there was nobody else present in the said house and in the said house they had sex. She has also stated that on 16.11.2024 her mother came to know that she was staying along with the petitioner in his house through her friend and thereafter she was taken back to her house. 10. From the reading of the aforesaid statement made by the victim, it appears that the petitioner and the victim were having a relationship and victim girl has not made any serious allegations against the petitioner in her - 6 - NC: 2025:KHC:12507 CRL.P No. 1859 of 2025 statement recorded under Section 183 of BNSS 2023. Petitioner who is a youngster aged about 25 years is in custody from 19.11.2024. Investigation of the case is completed and chargesheet has been field. Trial in the present case is yet to commence. Allegations found against the petitioner in the chargesheet is required to be proved in a full fledged trial. 11. Considering the nature of allegations found against the petitioner in the chargesheet and the statement made by the victim girl under Section 183 of BNSS 2023 before the learned Magistrate, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in in Spl.C.C.No.2599/2024 pending before the Court Additional - 7 - NC: 2025:KHC:12507 CRL.P No. 1859 of 2025 City Civil and Sessions Judge, FTSC-III, Bengaluru, arising out of Crime No.262/2024 registered Adugodi Police Station, Bengaluru City, for offences punishable under Sections 138(2), 65(1) BNS 2023 and Section 4(2) and 6 of the POCSO Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 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 - 8 - NC: 2025:KHC:12507 CRL.P No. 1859 of 2025 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 50