- 1 - HC-KAR NC: 2025:KHC:19265 CRL.P No. 5882 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5882 OF 2025 BETWEEN: SRI MAHESH @ MAHESH BABU S/O GANGAPPA AGED ABOUT 23 YEARS RESIDING OF NULUKUNTA VILLAGE KUPPAM TALUK AND MANDAL CHITTOOR DISTRICT - ANDHRA PRADESH - 517 425. …PETITIONER (BY SRI RAGHAVENDRA A.V, ADV.) AND: 1. STATE OF KARNATAKA REPTD. BY. DEPUTY SUPERINTENDENT OF POLICE, KGF, KOLAR DISTRICT BANGARPET P.S, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. 2. SRI ANAND S/O MUNIVENKATAPPA AGED ABOUT 38 YEARS. 3. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; NOTICE TO R-2 H/S V/O DTD:06.06.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN SPECIAL SESSION CASE IPC AND SC/ST NO.20/2024 FOR AN ALLEGED O/P/U/S 137(2), 64(2)(M) OF BNS AND SECTION 4 AND 6 OF POCSO Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19265 CRL.P No. 5882 of 2025 ACT AND SECTION 9 OF CHILD MARRIAGE ACT OF 2006 AND SECTION 3(2)(V) OF SC/ST ACT OF RESPONDENT BANGARPET POLICE STATION, WHICH IS PENDING ON THE FILE OF THE LEARNED HONBLE ADDL.DISTRICT AND SESSIONS JUDGE FTSC-I (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 1. Accused in Special Sessions Case No.20/2024 pending before the Court of Addl. District and Sessions Judge FTSC-I (POCSO), Kolar, arising out of Crime No.307/2024 registered by Bangarpet Police Station, KGF, for the offences punishable under Sections 137(2) and 64(2)(m) of the BNS, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. - 3 - HC-KAR NC: 2025:KHC:19265 CRL.P No. 5882 of 2025 3. FIR in Crime No.307/2024 was registered by Bangarpet Police Station, KGF, initially for the offence punishable under Section 137(2) of BNS, 2023, based on the first information dated 08.09.2024 received from respondent No.2, who is the father of the alleged victim aged about 17 years. During the course of investigation, petitioner and the victim girl were traced together and the petitioner who was arrested was subsequently remanded to judicial custody on 20.09.2024. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court was rejected on 03.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner and the victim girl are in love and she has not made any allegation which would attract the charge sheeted offences against the petitioner. He is in custody for the last more than six months. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition however, does not seriously dispute the submission made by learned counsel for the petitioner. - 4 - HC-KAR NC: 2025:KHC:19265 CRL.P No. 5882 of 2025 6. A perusal of the material on record would go to show that victim girl aged about 17 years, who is the daughter of respondent No.2 was found missing from their house on 07.09.2024. The efforts made to trace her had failed and therefore, first informant had approached the police on 08.09.2024. During the course of investigation, petitioner and the victim girl were traced together. Petitioner, who was arrested in the present case was remanded to judicial custody on 20.09.2024. The statement of the victim girl under Sections 161 and 164 of Cr.P.C. was recorded subsequently in the present case. In the statement that was recorded by the jurisdictional Magistrate under Section 164 of Cr.P.C., the victim girl has stated that she was in love with the petitioner and efforts were being made in her house to perform her marriage with some other boy. Therefore, she had left her house and had gone along with the petitioner and they got married in a Temple on 08.09.2024 and subsequently, they were residing together in a rented premises and the police, who came to the said house brought them back to their village. The victim girl has not made any allegation against the petitioner - 5 - HC-KAR NC: 2025:KHC:19265 CRL.P No. 5882 of 2025 which would prima facie attract the charge sheeted offences against the petitioner. Petitioner aged about 23 years having no other criminal antecedents is in custody from 20.09.2024. Investigation of the case is completed and charge sheet has been filed. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Sessions Case No.20/2024 pending before the Court of Addl. District and Sessions Judge FTSC-I (POCSO), Kolar, arising out of Crime No.307/2024 registered by Bangarpet Police Station, KGF, for the offences punishable under Sections 137(2) and 64(2)(m) of the BNS, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989, 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 - 6 - HC-KAR NC: 2025:KHC:19265 CRL.P No. 5882 of 2025 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; 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