- 1 - NC: 2025:KHC:17555 CRL.P No. 5505 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5505 OF 2025 BETWEEN: LAKSHMANA NAYUKODI S/O HUSENAPA AGED ABOUT 23 YEARS RESIDING AT KORATAGERE VILLAGE YADAGIRI TALUK AND DISTRICT GURUMITKAL TALUK, YADAGIRI DISTRICT - 585 201. …PETITIONER (BY SRI MATHAD PULIKESHI CHANNABASAPPA, ADV.) AND: STATE OF KARNATAKA BY SHO, KUDUR P.S RAMANAGARA, REP. BY PUBLIC PROSECUTOR, DISTRICT AND SESSIONS COURTS BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.13/2025 IN C.C.NO.39/2025 IN S.C.NO.16/2025 FOR THE ALLEGED OFFENCE P/US/ 74,64(2)(i),64(2) OF BNS REGISTERED BY THE KUDUR POLICE, NOW PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17555 CRL.P No. 5505 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in SC No.16/2025 pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.13/2025 registered by Kudur Police Station, Ramanagara, for the offences punishable under Sections 64(2)(i), 64(2)(m) and 74 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.119/2024 was registered by Anugondanahalli Police Station, Bengaluru, initially for the offence punishable under Section 137(2) of BNS, 2023, based on the first information submitted by the father of the victim girl. During the course of investigation, victim girl was traced and her statement was recorded. She has stated that her date of birth is 01.06.2006 and as on the date of registration of FIR, she was aged about 18 years 03 months. Subsequently, FIR was transferred for want of jurisdiction to Kudur Police Station, Ramanagara and was registered in Crime No.13/2025 for the aforesaid offences. During the course of investigation, - 3 - NC: 2025:KHC:17555 CRL.P No. 5505 of 2025 petitioner herein was arrested on 21.10.2024. Investigation in the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.176/2025 was rejected on 25.03.2024. Therefore, he is before this Court. 4. A perusal of the charge sheet material and the statement of the victim girl would go to show that the petitioner and the victim girl are acquainted to each other for the last about two years and they had gone together to various places. It is alleged that petitioner with a promise to marry the victim girl had sexual intercourse with her and subsequently, he has now refused to marry her. The provisions of the POCSO Act is not invoked in the present case. From the charge sheet allegations as well as statement of the victim girl, it is apparent that the petitioner and the victim girl were in relationship for a considerable period of time and the said relationship was consensual. Petitioner, who is aged about 23 years is in custody from 21.10.2024. Investigation in the case is completed and charge sheet has been filed. The allegations made in the charge sheet is required to be proved in a full fledged trial. Under the circumstances, I am of the view that the prayer made by the - 4 - NC: 2025:KHC:17555 CRL.P No. 5505 of 2025 petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.16/2025 pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.13/2025 registered by Kudur Police Station, Ramanagara, for the offences punishable under Sections 64(2)(i), 64(2)(m) and 74 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; - 5 - NC: 2025:KHC:17555 CRL.P No. 5505 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 DN