- 1 - NC: 2025:KHC:12625 CRL.P No. 3392 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. 3392 OF 2025 BETWEEN: MAHESH N S/O NARASAIAH AGED 27 YEARS R/AT GUMMAGHATTA VILLAGE PAVAGADA TALUK TUMAKURU DT. - 572 202. …PETITIONER (BY SRI MANJUNATH B.R, ADV.) AND: 1. STATE OF KARNATAKA BY MALLESHWARM POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.19/2025 REGISTERED FOR THE OFFENCE P/US/ 4,5(L),6 OF POCSO ACT AND U/S.351(2),64 OF BNS REGISTERED BY MALLESHWARAM POLICE STATION, BENGALURU CITY PENDING ON THE FILE OF ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC II AT BENGALURU. 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 NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12625 CRL.P No. 3392 of 2025 ORAL ORDER Accused in Crime No.19/2025 registered by Malleshwaram Police Station, Bengaluru City for the offences punishable under Sections 351(2) & 64 of BNS, 2023 and Sections 4, 5(L) & 6 of the Protection of Children from Sexual Offences Act, 2012, is before this Court seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.19/2025 was registered by Malleshwaram Police Station, Bengaluru City against the petitioner herein for the aforesaid offences, on the basis of first information dated 05.02.2025 received from victim girl, aged about 17 years. During the course of investigation, the petitioner was arrested on 13.02.2025 and subsequently remanded to judicial custody. 4. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.1389/2025 was dismissed on 01.03.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:12625 CRL.P No. 3392 of 2025 5. Learned counsel for the petitioner submits that the petitioner and the victim girl are in love. They were working together in a shop earlier. After a dispute arose between the parties, the victim girl has approached the police. He submits that relationship between the petitioner and the victim girl is known to the parents of both the parties and their parents have decided to perform their marriage immediately after the victim girl attains the age of majority. The petitioner has no criminal antecedents. Major portion of the investigation is completed. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl. SPP has opposed the petition. She submits that the victim girl is a minor and she has made serious allegation against the petitioner which would prima-facie attract the alleged offences against the petitioner. Accordingly, she prays to dismiss the petition. 7. Learned counsel for the defacto complainant submits that respondent No.2 is present in person before - 4 - NC: 2025:KHC:12625 CRL.P No. 3392 of 2025 the Court and since the parents of both the parties intend to perform the marriage of the victim girl with the petitioner immediately after the victim girl attains the age of majority, the petitioner may be enlarged on bail. 8. Perusal of the material on record would go to show that, date of birth of the victim girl is 02.06.2007. The victim girl has stated that she got acquainted with the petitioner in the year 2022 when she was working in a shop at Malleswarm, where the petitioner was also working. She has stated that the petitioner had proposed to her number of times. Though initially she had rejected the same, subsequently she had accompanied him to a resort and had stayed there. She has also stated that he had taken her to his house on 14.02.2023 and touched her inappropriately and also had sex with her with a promise to marry her. She has stated that thereafter till the month of July, 2024, the petitioner had sex with the victim girl with a promise to marry her and subsequently he has refused to marry her. - 5 - NC: 2025:KHC:12625 CRL.P No. 3392 of 2025 9. In the statement of the victim girl recorded under Section 183 of BNS, 2023 by the jurisdiction Magistrate she has reiterated the aforesaid allegation and has stated that it is only after the petitioner refused to marry her she had approached the police. The petitioner who has no other criminal antecedents is in custody from 13.02.2025. Major portion of the investigation is completed. 10. Learned counsel for the petitioner and learned counsel for respondent No.2 have jointly submitted that the parents of both the parties have decided to perform the marriage of the petitioner and the victim girl immediately after the victim girl attains the age of majority. Be that as it may, material on record would go to show that, the petitioner and the victim girl were in love and they had stayed together in different places number of times. It is only after their relationship got strained, the victim girl had approached the police. Since the major portion of the investigation is already completed, the - 6 - NC: 2025:KHC:12625 CRL.P No. 3392 of 2025 petitioner's custody is no more required and 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: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.19/2025 registered by Malleshwaram Police Station, Bengaluru City for the offences punishable under Sections 351(2) & 64 of BNS, 2023 and Sections 4, 5(L) & 6 of the Protection of Children from Sexual Offences Act, 2012, 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 - 7 - NC: 2025:KHC:12625 CRL.P No. 3392 of 2025 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 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