- 1 - NC: 2025:KHC:11348 CRL.P No. 2102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2102 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: TANZIM PASHA S/O ALTAF PASHA, AGED ABOUT 20 YEARS,. R/AT NEAR SHIFA COMPLEX, PRASHANTH NAGAR, KOLAR DISTRICT-56101 …PETITIONER (BY MS. DEEPASHREE D., ADV. FOR SRI. NAGENDRA NAIK R., ADV.) AND: 1. STATE OF KARNATAKA STATE BY KOLAR WOMEN PS, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001. 2. *** …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1, NOTICE TO R2 H/S V/O DATE: 19.03.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL IN SPECIAL CASE (POCSO) NO.02/2025 ON THE FILE OF ADDL. DIST. AND SESSION JUDGE, FTSC-1, AT KOLAR FOR THE OFFENCE P/U/S 363, 376(2)(N) OF IPC AND SEC. 5(L), 6 OF THE POCSO ACT, 2012 REGISTERED BY THE RESPONDENT POLICE IN CR.NO.106/2024. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11348 CRL.P No. 2102 of 2025 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.(POCSO)No.02/2025, pending before the Court of Additional District and Sessions Judge, FTSC-1, (POCSO) Kolar, arising out of Crime No.106/2024 registered by Kolar Women Police Station, Kolar, for offences punishable under Sections 363, 376(2)(n) of the Indian Penal Code (for short, 'IPC') and Sections 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2 though served in this matter, has remained unrepresented before this Court. 3. FIR in Crime No.106/2024 was registered by Kolar Women Police Station, Kolar against unknown person initially for offence punishable under Sections 137(2) of BNS-2023 on - 3 - NC: 2025:KHC:11348 CRL.P No. 2102 of 2025 the basis of the first information dated 07.112024 received from respondent No.2, who is the father of victim girl, aged about 17 years. 4. During the course of investigation of the case, the victim girl and the petitioner were traced together. Petitioner was arrested on 13.11.2024 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. Bail application filed by the petitioner before the Trial Court in Spl.C.(POCSO)No.02/2025 was rejected on 27.01.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner is a youngster aged about 20 years. He and victim girl are in love and the parents of the victim girl had refused to perform their marriage. Victim girl had left her house and voluntarily gone along with the petitioner. Investigation of the case is completed and charge sheet is filed. The petitioner has no criminal antecedents. Accordingly, he prays for allowing the petition. - 4 - NC: 2025:KHC:11348 CRL.P No. 2102 of 2025 6. Per contra, learned High Court Government Pleader has opposed the petition. He submits that victim girl is a minor and therefore, alleged offences get attracted against the petitioner. Accordingly, he prays to dismiss this petition. 7. In the first information dated 07.11.2024 which was submitted by the father of the victim girl, he has stated that victim girl who was studying in 2nd year PUC was found missing from their house from 04.11.2024 onwards. Efforts made to trace her had failed and therefore, he had approached the police on 07.11.2024. 8. During the course of investigation of the case, the petitioner and the victim girl were traced together. Petitioner was arrested on 13.11.2024 and remanded to judicial custody. The statement of the victim girl under Section 164 of Cr.PC was recorded during course of investigation by the Jurisdictional Magistrate on 21.11.2024. Victim girl has stated that, she is in love with the petitioner for the last two years and they used to have consensual sex. After her parents came to know about their love affair, petitioner allegedly came to their house and asked her parents to perform the marriage of the victim girl - 5 - NC: 2025:KHC:11348 CRL.P No. 2102 of 2025 with him. However, the same was refused for the reason that victim was a minor. She has stated that it is under these circumstances, she had left her house and had gone with the petitioner to Mysuru and they resided together in a Dargha at Mysuru for a period of 15 days, till they were brought back to their village. Petitioner aged about 20 years is in custody from 13.11.2024. Investigation of the case is completed and the charge sheet is filed. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.106/2024 of Kolar Women Police Station, Kolar, for offences punishable under Sections 363, 376(2)(n) of IPC and Sections 5(l) 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 - 6 - NC: 2025:KHC:11348 CRL.P No. 2102 of 2025 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 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 46