- 1 - NC: 2025:KHC:16504 CRL.P No. 4645 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4645 OF 2025 BETWEEN: SURENDRA S/O VENKATAKRISHNAPPA, AGED ABOUT 23 YEARS, R/AT KONANAKUNTE, BESIDE MARIYAMMA TEMPLE ROAD, BANGALORE CITY, PERMANENT RESIDENT OF NEAR CHOWDEPALLI NARAYANA SCHOOL, VENKATAGIRI KOTE TALUK, CHITHURU DISTRICT, ANDHRA PRADESH - 01 …PETITIONER (BY SRI. PRATHEEP K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY NUGGEHALLI POLICE STATION, HASSAN DISTRICT, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 2. XXXX …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.58/2025 (CRIME NO.128/2024), PENDING ON THE FILE OF THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC I AT HASSAN FOR THE OFFENCE P/U/S 137(2), 64(2)(I), Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:16504 CRL.P No. 4645 of 2025 64(2)(M) OF BNS SEC.6 OF POCSO ACT 2012 SEC.9 OF CHILD MARRIAGE RESTRAINT ACT BY NUGGEHALLI POLICE. THIS CRL.P, 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.58/2025 pending before the Court of Additional District and Sessions Judge, FTSC-1, Hassan, arising out of Crime No.128/2024 registered by Nuggehalli Police Station, Hassan, for offences punishable under Section 137(2), 64(2)(i), 64(2) 376 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Section 9 of Child Marriage Restraint Act, 2006 (for short, 'the Act') is before this Court under Section 439 of Cr.PC 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. FIR in Crime No.128/2024 was registered by Nuggehalli Police Station, Hassan, initially for offence - 3 - NC: 2025:KHC:16504 CRL.P No. 4645 of 2025 punishable under Section 137(2) of BNS against unknown persons on the basis of the first information dated 21.11.2024 received from respondent No.2, who is the mother of victim girl aged about 15 years. 4. During the course of investigation of the case, petitioner herein was arrested on 10.12.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been against the petitioner for the aforesaid offences. Bail application filed by the petitioner in Spl.C.No.58/2025 before the Jurisdictional Sessions Court was rejected on 14.03.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that petitioner and the victim girl are in love and victim girl has not made any serious allegations against the petitioner. Petitioner is a employee in BBMP and trial in the case is yet to commence. He has no other criminal antecedents. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. He submits that victim is a minor and - 4 - NC: 2025:KHC:16504 CRL.P No. 4645 of 2025 the alleged offences therefore get attracted against the petitioner. 7. Perusal of the materials on record would go to show that victim girl was found missing from their house on 20.11.2024 and efforts made to trace her had failed. Therefore, on 21.11.2024, her mother had approached the police and based on her first information, FIR was registered against unknown initially for offence punishable under Section 137(2) of BNS. During the course of investigation, petitioner and the victim girl were traced together in the house of the petitioner at Venkatagiri Kote Taluk, Chithoor District, Andhra Pradesh State. Subsequently, the petitioner was arrested on 10.12.2024 and remanded to judicial custody. The statement of the victim girl under Section 183 of BNSS was recorded by the jurisdictional Magistrate on 31.12.2024. In the said statement, victim girl has stated that she got acquainted with the petitioner through social media known as Instragram and they were exchanging messages. Subsequently, they started loving each other and petitioner allegedly proposed to marry the victim girl. She has stated that, on 20.11.2024 she was on her way to Nuggehalli and petitioner who met her took her with - 5 - NC: 2025:KHC:16504 CRL.P No. 4645 of 2025 him to Thipaturu and thereafter they traveled to Tumakuru and from Tumakuru they traveled to KGF and from KGF they had traveled to petitioner's house in Andhra Pradesh State. She has also stated that, petitioner married her in a temple in his village and thereafter, he had physical contact with her. Subsequently, they came to know about the criminal case registered against the petitioner and therefore, petitioner's friend had brought her to the police station and her parents who came there brought her back. Victim girl has stated before the jurisdictional Magistrate that after her marriage, petitioner had physical contact with her but she has not made any serious allegation of he having penetrative sexual intercourse with her. 8. Material on record would go to show that petitioner and the victim girl are in love and she had voluntarily gone with him and thereafter, stayed in his house at Chithoor District in Andhra Pradesh State. Petitioner aged about 23 years having no criminal antecedents is in custody from 10.12.2024. Investigation of the case is completed and the charge sheet has been filed. Petitioner is said to be an employee of BBMP and therefore, there cannot be any apprehension that he is likely to flee away from justice. Trial in the case is yet to commence and - 6 - NC: 2025:KHC:16504 CRL.P No. 4645 of 2025 prosecution in all has cited 28 charge sheet witnesses in the present case and therefore, there are no chances of the trial being completed and case being disposed of on merits in the near soon. Continued detention of the petitioner in custody along with hard core criminals may have adverse impact on his career. Under such circumstances, 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.128/2024 registered by Nuggehalli Police Station, Hassan, for offences punishable under Section 137(2), 64(2)(i), 64(2) 376 of BNS, Section 6 of POCSO Act and Section 9 of the Act subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - NC: 2025:KHC:16504 CRL.P No. 4645 of 2025 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.: 63