- 1 - HC-KAR NC: 2025:KHC:21050 CRL.P No. 6898 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. 6898 OF 2025 BETWEEN: SRI KIRAN KUMAR D.M S/O MANJUNATHA AGED ABOUT 20 YEARS R/AT DINNAHALLI VILLAGE MASTHI HOBLI, MALUR TALUK KOLAR DISTRICT, PIN CODE - 563 139. …PETITIONER (BY SRI SOMASEKHARA K.H, ADV.) AND: 1. THE STATE OF KARNATAKA BY MASTHI POLICE STATION KOLAR TALUK, KOLAR DIST PIN CODE - 563 139, REP.BY SPP HIGH COURT OF KARNATAKA BANGLORE - PIN - 560 001. 2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; NOTICE TO R-2 H/S V/O DTD:18.06.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO DIRECT HIM TO BE RELEASED ON REGULAR BAIL IN SPECIAL CASE (POCSO) NO.04/2025 FOR OFFENCES P/U/S 363, 34, 376(2)(n) OF IPC, SEC.10 AND 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 AND SEC. 6 OF POCSO ACT, BY MASTI POLICE STATION, PENDING BEFORE THE FILE OF THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO) AT KOLAR. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21050 CRL.P No. 6898 of 2025 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 No.1 in Special Case (POCSO) No.4/2025 pending before the Court of Addl. District and Sessions Judge FTSC-1 (POCSO), Kolar, arising out of Crime No.56/2024 registered by Masti Police Station, Kolar, for the offences punishable under Sections 376(2)(n), 363 and 34 of IPC, Sections 9 and 10 of Prohibition of Child Marriage Act, 2006 and Section 6 of Protection of Children from Sexual Offences Act, 2012, 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. FIR in Crime No.56/2024 was registered by Masti Police Station, Kolar, initially for the offence punishable under Section 363 of IPC, against unknown persons based on the first information dated 14.03.2024 received from respondent No.2, - 3 - HC-KAR NC: 2025:KHC:21050 CRL.P No. 6898 of 2025 who is the father of the victim girl who was then aged about 17 years 10 months. During the course of investigation, petitioner herein was arrested on 17.10.2024 and subsequently, remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against three persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Special Case (POCSO) No.4/2025 was rejected on 27.01.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that after the petitioner was arrested in the present case, the statement of the victim girl was recorded before the jurisdictional Magistrate on 05.11.2024. The victim girl has stated that she was aged 18 years as on the said date and she had married the petitioner on 03.03.2024. She has stated that she had voluntarily married the petitioner and she is happily living with him. She has not made any allegation about petitioner committing any kind of sexual assault on her. Petitioner aged about 20 years having no criminal antecedents is in custody from 17.10.2024. Investigation in the case is - 4 - HC-KAR NC: 2025:KHC:21050 CRL.P No. 6898 of 2025 completed and charge sheet has been filed. Under the circumstances, I am of the opinion that petitioner's custody is no more required. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case (POCSO) No.4/2025 pending before the Court of Addl. District and Sessions Judge FTSC-1 (POCSO), Kolar, arising out of Crime No.56/2024 registered by Masti Police Station, Kolar, for the offences punishable under Sections 376(2)(n), 363 and 34 of IPC, Sections 9 and 10 of Prohibition of Child Marriage Act, 2006 and Section 6 of Protection of Children from Sexual Offences Act, 2012, 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; - 5 - HC-KAR NC: 2025:KHC:21050 CRL.P No. 6898 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 DN