- 1 - HC-KAR NC: 2025:KHC:20123 CRL.P No. 5011 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5011 OF 2025 BETWEEN: MR. RAHUL @ RAKI, AGED ABOUT 20 YEARS, S/O SRI. BABU, R/AT SHIVAKESHAVA NAGARA, MULBAGAL TOWN AND TALUK – 563 131, KOLAR DISTRICT. …PETITIONER (BY SRI. HARINATH M S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, MULBAGAL TOWN POLICE STATION, MULBAGAL. REPRESENTED BY ITS S.P.P., HIGH COURT OF KARNATAKA, BENGALURU CITY – 560 001. 2. XXX, XXX, …RESPONDENTS (BY SMT.RASHMI PATEL, HCGP FOR R1; R2 SERVED) THIS CRL.P. IS FILED U/S 439 OF CR.P.C., (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO THE Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20123 CRL.P No. 5011 of 2025 PETITIONER HEREIN WHO HAS BEEN ARRAYED AS THE ACCUSED IN THE CASE IN SPECIAL CASE (POCSO) NO.173/2024 OF THE RESPONDENT NO.1 MULBAGAL TOWN POLICE WHICH ARE FILED FOR THE ALLEGED O/P/U/S 137(2), 65(1), 64(2)(M) OF BNS AND ALSO ALLEGED O/P/U/S 4(2) AND 6 OF POCSO AMENDMENT ACT 2019 WHICH IS NOW PENDING BEFORE THE HONBLE ADDITIONAL DISTRICT AND SESSIONS COURT FTSC-1, (POCSO) AT KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER The sole accused in Special Case (POCSO) No.173 of 2024 pending before the Court of Additional District and Sessions Judge, F.T.S.C.-1 (POCSO), Kolar arising out of Crime No.113 of 2024 registered by Mulbagal Town Police Station, Kolar for offences punishable under Sections 137(2), 65(1), 64(2), (m) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS 2023') and Sections 4(2) and 6 of POCSO Amendment Act, 2019 is before this Court under Section 483 seeking regular bail. - 3 - HC-KAR NC: 2025:KHC:20123 CRL.P No. 5011 of 2025 2. Heard the learned counsel for the petitioner and the learned HCGP for Respondent No.1. 3. Respondent No.2 who is the mother of the victim girl though served had remained unrepresented. 4. FIR in Crime No.113 of 2024 was registered by Mulbagal Town Police Station, Kolar District, initially for the offences punishable under Sections 137(2) and 3(5) of BNS 2023 against the petitioner and others based on first information dated 20.07.2024 received from Respondent No.2 who is the mother of the victim girl aged about 16 years. During the course of the investigation, petitioner herein was arrested on 31.07.2024 and after completing investigation, charge-sheet has been filed against him for the aforesaid offences. Bail application filed by him before the Trial Court in Special Case (POCSO) No.173 of 2024 was rejected on 25.01.2025. Therefore, he is before this Court. - 4 - HC-KAR NC: 2025:KHC:20123 CRL.P No. 5011 of 2025 5. Learned counsel for the petitioner submits that the petitioner and the victim girl are in love and she has not made any allegation against the petitioner in her statement recorded under Section 183 of BNS 2023. The petitioner is a student, aged about 20 years having no criminal antecedents is in custody His continued detention will have a serious adverse impact on his career. The victim girl had already been examined before the Trial Court as PW-1 and accordingly, prays to allow the petition. 6. Per contra, the learned HCGP has opposed the bail petition on the ground that the victim girl is a minor and therefore, the aforesaid offences get attracted against the petitioner under the POCSO Act. 7. The first informant had approached the police on 20.07.2024 after victim girl who is her daughter was found missing from the house on 17.07.2024. During the course of the investigation, the petitioner and the victim girl were traced. The petitioner was arrested on - 5 - HC-KAR NC: 2025:KHC:20123 CRL.P No. 5011 of 2025 31.07.2024 and subsequently remanded to judicial custody. The statement of the victim girl under Section 183 of BNS 2023 was recorded by the learned Magistrate, Kolar District. The victim girl has stated that she was aged about 17 years and was working as a Beautician. She has stated that nobody had given any problem to her and till she attains the age of 18, she does not intend to go to her house and after she attains the age of 18, she intends to marry the petitioner. Except the said statement, she has not made any statement before the learned Magistrate. The victim girl is already examined before the Trial Court as PW-1. Therefore, there cannot be any apprehension that the petitioner may tamper the material chare-sheet witnesses. Out of the 27 charge-sheet witnesses in the present case, till date only one charge- sheet witness is examined. The petitioner who is aged about 20 years, is in custody from 31.07.2024. He is said to be a student and his continued detention in custody amongst hard-core criminals may have serious impact on - 6 - HC-KAR NC: 2025:KHC:20123 CRL.P No. 5011 of 2025 his career. Therefore, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively, by imposing appropriate conditions. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.113 of 2024 of Mulbagal Town Police Station, Kolar, registered for the offences punishable under Sections 137(2) 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum, 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 - HC-KAR NC: 2025:KHC:20123 CRL.P No. 5011 of 2025 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 DH List No.: 1 Sl No.: 49