- 1 - NC: 2025:KHC:12861 CRL.P No. 3192 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3192 OF 2025 BETWEEN: NANDEESHA S/O GANGAPA AGED ABOUT 25 YEARS RESIDENT OF MOODACHINTHANAHALLI CHINTAMANI TALUKA, DISTRICT CHIKKABALLAPURA - 563 125. …PETITIONER (BY SRI TIGADI VEERANNA GADIGEPPA, ADV.) AND: 1. THE STATE OF KARNATAKA REP BY SUB INSPECTOR OF POLICE WOMEN POLICE STATION, KOLAR REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP FOR R-1; V/O DTD: 26.03.2025 NOTICE TO R-2 IS H/S) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PETITION BY GRANTING HIM BAIL IN SPECIAL CASE (POCSO) NO.196/2024 (KOLAR WOMEN POLICE STATION CRIME NO.94/2024) FOR THE OFFENCES P/U/S. 64, 137(2), 249 R/W 3(5) OF BHARATIYA NYAYA SANHITA, 2023 SECTIONS 5(1) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, SECTION 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 PENDING ON THE FILES OF THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT KOLAR. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12861 CRL.P No. 3192 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.196/2024 pending before the Court of Addl. District & Sessions Judge-FTSC- 1(POCSO), Kolar, arising out of Crime No.94/2024 registered by Kolar Women Police Station, Kolar District for the offences punishable under Sections 137(2), 64, 249 & 261 R/w 3(5) of BNS, 2023, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 & 10 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned Addl. SPP appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.94/2024 was registered by Kolar Women Police Station, Kolar District against the - 3 - NC: 2025:KHC:12861 CRL.P No. 3192 of 2025 petitioner herein initially for the offence punishable under Section 137(2) of BNS,2023, on the basis of first information dated 18.09.2024 received from respondent No.2 herein who is the mother of the victim girl, aged about 17 years. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner was arrested and produced before the jurisdictional Court on 27.09.2024 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against four persons and the petitioner herein is arraigned as accused No.1 in the charge sheet. 5. The bail application filed by the petitioner before the Sessions Court in Spl.Case(POCSO).No.196/2024 was dismissed on 07.02.2025. Therefore, he is before this Court. 6. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. - 4 - NC: 2025:KHC:12861 CRL.P No. 3192 of 2025 7. Per contra, learned Addl. SPP for respondent No.1 has opposed the petition. 8. Perusal of the material on record would go to show that, the victim girl aged about 17 years who was studying in II PUC was found missing from her house on 18.09.2024. Efforts made to trace the victim girl had failed. Therefore, her mother had approached the police and based on her first information, FIR was registered against the petitioner, since she was suspecting the petitioner's hand in the case. During the course of investigation, the petitioner and the victim girl were traced. 9. The statement of the victim girl under Section 164 of Cr.P.C, was recorded by the jurisdictional Magistrate on 04.10.2024 and in the said statement the victim girl has stated that the petitioner was pestering her to love him for the last two years and finally she had agreed for the same. On 18.09.2024 she had gone with the petitioner and stayed in the house of his brother - 5 - NC: 2025:KHC:12861 CRL.P No. 3192 of 2025 Manjunath (Accused no.2) and on 20.09.2024 she went with the petitioner to a temple at Chintamani and in presence of his mother, brother and sister-in-law they got married. Subsequently, she was brought back from the house of the petitioner by her mother who took her to the Police Station. She has not made any allegation against the petitioner in her statement recorded under Section 164 of Cr.P.C, which would prima-facie attract the alleged offences punishable under the provisions of IPC and POCSO Act against the petitioner. The petitioner aged about 25 years has no criminal antecedents and he is in custody. Investigation of the case is complete and charge sheet has been filed. 10. 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. 11. Accordingly, the following: - 6 - NC: 2025:KHC:12861 CRL.P No. 3192 of 2025 ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C (POCSO)No.196/2024 pending before the Court of Addl. District & Sessions Judge-FTSC-1(POCSO), Kolar, arising out of Crime No.94/2024 registered by Kolar Women Police Station, Kolar District for the offences punishable under Sections 137(2), 64, 249 & 261 R/w 3(5) of BNS, 2023, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 & 10 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, subject to the following conditions: a) The petitioner shall execute a 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; - 7 - NC: 2025:KHC:12861 CRL.P No. 3192 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) 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 NMS