- 1 - HC-KAR NC: 2025:KHC:20978 CRL.P No. 4365 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4365 OF 2025 BETWEEN: THEERTHAKUMAR S/O RAMAKRISHNA SHETTY AGED ABOUT 20 YEARS, R/O ALADAHALLI VILLAGE, MADIHALLI HOBLI, BELUR TALUK, HASSAN DISTRICT-573 121. …PETITIONER (BY SRI. SANDEEPA S.H., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HALEBEEDU POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560009. 2. XXXXX …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1; NOTICE SERVED ON R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20978 CRL.P No. 4365 of 2025 NO.21/2025 OF HALEBEEDU POLICE AT BELUR TALUK, HASSAN, PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I AT HASSAN, FOR THE OFFENCE PUNISHABLE UNDER SECTION 137(2) AND 64 OF BNS, SECTION 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT 2012, SECTION 9 OF PROBATION OF CHILD MARRIAGE ACT AND SECTION 3(1)(w)(i)(ii) AND 3(2) (VA) SC/ST ACT-2015. 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.No.146/2025 pending before the Additional District and Sessions Judge, FTSC-1, Hassan, arising out of Crime No.21/2025 registered by Halebeedu Police, Belur Taluk, Hassan, for the offences punishable under Sections 137(2) and 64 of BNS, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, Section 9 of the Prohibition of Child Marriage Act, 2006 and Sections 3(1)(w)(i)(ii), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, is before this Court under Section 483 of BNSS seeking regular bail. - 3 - HC-KAR NC: 2025:KHC:20978 CRL.P No. 4365 of 2025 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2, who is served in the matter, has remained unrepresented before the Court. 3. FIR in Crime No.21/2025 was initially registered by Halebeedu Police, Hassan, against the petitioner for the offence punishable under Section 137(2) of BNS based on the first information dated 05.02.2025 received from respondent No.2, who is the father of the victim girl, who was aged about 17 years 9 months as on the date of registration of FIR. During the course of investigation, the petitioner was arrested on 09.02.2025. His bail application filed before the jurisdictional Sessions Court in Crime No.22/2025 was rejected on 11.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that investigation of the present case is already completed and the victim girl has not made any serious allegations against the petitioner in her statement recorded by the jurisdictional Magistrate under - 4 - HC-KAR NC: 2025:KHC:20978 CRL.P No. 4365 of 2025 Section 183 of BNSS. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader for respondent No.1 has opposed the petition on the ground that the victim girl was minor at the time of registration of FIR. Therefore, the alleged offences attracted against the petitioner. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered based on the first information submitted by the father of the victim girl, who has alleged that his daughter aged about 17 years 9 months was found missing from their house on 03.02.2025. Since he suspected the petitioner, FIR was initially registered against the petitioner for the offence punishable under Section 137(2) of BNS. During the course of investigation, the petitioner and the victim girl had voluntarily appeared before the police station and subsequently, the petitioner was arrested and remanded to judicial custody on 09.02.2025. Investigation of the case is completed and charge-sheet has been filed against the petitioner for the aforesaid offences. - 5 - HC-KAR NC: 2025:KHC:20978 CRL.P No. 4365 of 2025 7. In the statement of the victim girl recorded under Section 183 of BNSS by the jurisdictional Magistrate, she has stated that she is pursuing her First Year B.Com degree course and her father had married a lady by name Ranjitha after her mother had died. Since she was being ill-treated in her house after her father married Ranjitha, she had voluntarily left the house and joined the company of the petitioner with whom she was in love. Subsequently, she had married the petitioner at Dharmastala and thereafter, she and the petitioner had voluntarily appeared before the police on 07.02.2025. She has not made any serious allegations against the petitioner about he committing forcible sexual assault on her against her wishes. The petitioner is aged about 20 years and has no criminal antecedents. Under the circumstances, I am of the opinion that prayer of the petitioner for grant of bail is to be answered in the affirmative. 8. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.146/2025 pending before the - 6 - HC-KAR NC: 2025:KHC:20978 CRL.P No. 4365 of 2025 Additional District and Sessions Judge, FTSC-1, Hassan, arising out of Crime No.21/2025 registered by Halebeedu Police, Belur Taluk, Hassan, for the offences punishable under Sections 137(2) and 64 of BNS, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, Section 9 of the Prohibition of Child Marriage Act, 2006 and Sections 3(1)(w)(i)(ii), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, subject to the following conditions: a) 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; - 7 - HC-KAR NC: 2025:KHC:20978 CRL.P No. 4365 of 2025 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 PMR List No.: 1 Sl No.: 30