- 1 - NC: 2025:KHC:15197 CRL.P No. 3373 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3373 OF 2025 BETWEEN: MANIKANTA @ ARUN S/O BALARAJU AGED ABOUT 25 YEARS R/AT CHIKKANAYAKANAHALLI TUMKUR DISTRICT – 572 214. …PETITIONER (BY SRI. RAVIKUMARA B R, ADVOCATE) AND: 1. STATE BY GUBBI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE -560001 2. XXX …RESPONDENTS (BY SMT. PUSHAPALATHA B, ADDL.SPP FOR R1; R2 – NOTICE HELD SUFFICIENT V/O DATED 01/04/2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO GRANT REGULAR BAIL TO THIS PETITIOENR IN CRL.MIS NO.158/2025 (CRIME NO.0414/2024) FOR THE ALLEGED OFFENCES P/U/S. 64, 137(2) OF BNS, SECTION 4 AND 6 OF POCSO ACT, 2012 PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, TUMAKUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15197 CRL.P No. 3373 of 2025 ORAL ORDER Accused in Crime No.414/2024 registered by Gubbi Police Station, Tumkur for the offences punishable under Sections 64, 137(2) of the Bharatiya Nyaya Sanhita (for short ‘BNS, 2023’) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’), is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent No.1. Respondent No.2 though served in the matter has remained unrepresented before the Court. 3. FIR came to be registered in Crime No.414/2024 by Gubbi Police Station, Tumkuru for the aforesaid offences against the petitioner, based on the first information dated 14.11.2024 received from respondent No.2, who is the mother of the victim, aged about 17 years. 4. During the course of the investigation of the case, the petitioner was arrested on 15.11.2024 and subsequently, the - 3 - NC: 2025:KHC:15197 CRL.P No. 3373 of 2025 petitioner is in judicial custody. Investigation of the case is completed and charge sheet has been filed for the aforesaid offences. His bail application filed before the Sessions Court in Crl.Mis. No.158/2025 was rejected on 12.02.2025. Therefore, the petitioner is before this Court. 5. The learned Additional State Public Prosecutor for respondent No.1 opposes the bail petition. 6. A perusal of the material on record would go to show that the petitioner and victim girl aged 17 years were acquainted with each other and they were in love. In the statement of the victim girl recorded under Section 161 of Cr.P.C, she had stated that she was in love with the petitioner. She used to regularly talk to him over the mobile phone and also had gone to various places with him. She has also stated that they had decided to marry each other and on 05.09.2024, she had gone along with him to Honnavalli and had sexual intercourse. She has stated that subsequently on 13.11.2024, she had suffered stomach pain and therefore, she was taken to hospital and the Doctor in the hospital after examining her informed her that she was pregnant. In her statement under Section 183 of BNSS, she - 4 - NC: 2025:KHC:15197 CRL.P No. 3373 of 2025 has once again reiterated that she had gone along with the petitioner to various places and had sexual intercourse with him. 7. Petitioner aged about 25 years, has no criminal antecedents and he is in judicial custody. Investigation of the case is completed and charge sheet has been filed. 8. The allegation against the petitioner is required to be proved in a full-fledged trial. It appears that the petitioner and the victim girl are in love and only after the mother of the victim girl came to know about their relationship, she had informed the police. 9. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer made by the petitioner has to be answered affirmatively without expressing any opinion on the merits and demerits of the case. 10. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. - 5 - NC: 2025:KHC:15197 CRL.P No. 3373 of 2025 (ii) The petitioner is directed to be enlarged on bail in Crime No.414/2024 registered by Gubbi Police Station, Tumkuru for the offences punishable under Sections 64, 137(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act, subject to the following conditions: a) 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; 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 UN, List No.: 1 Sl No.: 57