- 1 - NC: 2025:KHC:11654 CRL.P No. 2282 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. 2282 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: KARTHIK @ THIMMARAJU @ KANDAN S/O THIMMARAYAPPA, AGED ABOUT 27 YEARS, R/AT MADHUGURKI VILLAGE, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU - 635001. …PETITIONER (BY SRI. MANOJ S. N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY OORIGAUM POLICE STATION, NOW REPTD. BY SPP, HIGH COURT BUILDING, AMBEDKAR VEEDHI ROAD, OPP. TO VIDHANA SOUDHA, BANGALORE - 560001. 2. *** …RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ ACCUSED ON BAIL IN CRIME NO.47/2024 REGISERED BY THE OORGUAM POLICE STATION, FOR THE OFFENCE P/U/S 137(2), 64(1) AND U/S 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 AND 4 Digitally signed by NANDINI B G Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11654 CRL.P No. 2282 of 2025 OF POCSO ACT PENDING ON THE FILE OF THE LRD. ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) KOLAR. THIS PETITION, COMING ON 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.186/2024, pending before the Court of Additional District and Sessions Judge, FTSC-1, (POCSO) Kolar, arising out of Crime No.47/2024 registered by Oorgaum Police Station, K.G.F, for offences punishable under Sections 137(2), 64(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), Section 9 of Prohibition of Child Marriage Act, 2006 (for short, 'PCMA') and Section 4 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 - NC: 2025:KHC:11654 CRL.P No. 2282 of 2025 3. FIR in Crime No.47/2024 was registered by Oorgaum Police Station, K.G.F, against petitioner and four others initially for offence punishable under Sections 3(5), 137(2) and 54 of BNS-2023 on the basis of the first information dated 23.08.2024 received from John - grand father of the victim girl aged about 17 years. 4. During the course of investigation of the case, petitioner herein was arrested on 28.08.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against four persons and the petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner in Spl.C.(POCSO)No.186/2024 before the Jurisdictional Sessions Court which was rejected on 06.01.2025. Therefore, the petitioner is before this Court. 5. Perusal of the material on record would go to show that the petitioner and the victim girl are acquainted to each other and they are also close relatives. Statement of the victim under Section 183(5) of BNSS has been recorded by Jurisdictional Magistrate in the present case on 30.08.2024. Victim girl has stated that she is aged 18 years and she is - 4 - NC: 2025:KHC:11654 CRL.P No. 2282 of 2025 studying in PUC. She has also stated that she is in love with the petitioner and on 21.08.2024, she had gone along with petitioner and subsequently, on 27.08.2024 she married the petitioner in a temple at Hosuru. Subsequently, the police came and brought them back to their village. She has not made any allegation in her statement which would prima facie attract the alleged offences punishable under POCSO Act as against the petitioner. Petitioner aged 27 years who has no criminal antecedents is in custody from 29.08.2024. 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.47/2024 registered by Oorgaum Police Station, K.G.F, for offences punishable under Sections 137(2), 64(1) of the BNS, Section 9 of PCMA and Section 4 of POCSO Act, subject to the following conditions: - 5 - NC: 2025:KHC:11654 CRL.P No. 2282 of 2025 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 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.: 53