- 1 - HC-KAR NC: 2025:KHC:22768 CRL.P No. 6919 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6919 OF 2025 BETWEEN: MR RAGHU S/O KAMBANNA AGED ABOUT 22 YEARS R/O. JADEGONDANAHALLI VILLAGE, VADERAHALLI POST MADHUGIRI TALUK TUMKUR DISTRICT - 572 132. …PETITIONER (BY SRI K.V. SATEESHCHANDRA, ADV.) AND: 1. STATE BY CHALLAKERE POLICE STATION, CHALLAKERE TOWN CHITRADURGA - 577 522 REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C NO.78/2024 (CRIME NO.90/2024) OF CHALLAKERE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22768 CRL.P No. 6919 of 2025 POLICE STATION, FOR THE ALLEGED O/U/S 114, 363, 376(2)(N), 506 R/W 34 OF IPC AND SECTIONS 4, 6 AND 17 OF POCSO ACT, 2012 AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE, ACT 2006, ON THE FILE OF THE COURT OF SPECIAL 2ND ADDL. DISTRICT AND SESSIONS JUDGE, AT CHITRADURGA AND DIRECT THE PETITIONER BE RELEASED ON BAIL. 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 No.78/2024 pending before the Court of II Addl. District and Sessions Judge and Special Judge, Chitradurga, arising out of Crime No.90/2024 registered by Challakere Police Station, Chitradurga, for the offences punishable under Sections 114, 363, 376(2)(n), 506 and 34 of IPC, Sections 4, 6 and 17 of the POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:22768 CRL.P No. 6919 of 2025 3. FIR in Crime No.90/2024 was registered by Challakere Police Station, Chitradurga, initially for the offence punishable under Section 363 of IPC against unknown person based on the first information dated 26.02.2024 received from respondent No.2, who is the father of the victim girl, who was aged about 17 years as on the date of registering the FIR. During the course of investigation, petitioner and the victim girl were traced together and petitioner was arrested on 16.04.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by him before the Trial Court was rejected. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that victim girl is a minor and therefore, the alleged offences get attracted against the petitioner even though she has not supported the case of the prosecution in her statement - 4 - HC-KAR NC: 2025:KHC:22768 CRL.P No. 6919 of 2025 recorded under Section 164 of Cr.P.C. Accordingly, she prays to dismiss the petition. 6. First information was submitted by the father of the victim girl on 26.02.2024 alleging that his minor daughter studying in II year PUC was found missing from 24.02.2024 onwards. The efforts made to trace her had failed and therefore, he had approached the police on 26.02.2024. During the course of investigation, petitioner and the victim girl were traced together on 15.04.2024 at Hyderabad. Petitioner was arrested on 16.04.2024 and thereafter remanded to judicial custody. The statement of the victim girl under Section 164 of Cr.P.C. was recorded by the jurisdictional Magistrate on 16.04.2024. She has stated that she and the petitioner were in love and she had gone along with petitioner on 24.02.2024 to Bengaluru and thereafter on 25.02.2024 to Dharmasthala and got married. Subsequently, they went to Hyderabad and stayed there and petitioner was working at Hyderabad. On 15.04.2024, police came to Hyderabad and brought them back. She has stated that she had willingly married the petitioner. She has not made any allegation against the petitioner about - 5 - HC-KAR NC: 2025:KHC:22768 CRL.P No. 6919 of 2025 he committing any kind of sexual assault on her while she was staying with him from 24.02.2024 to 15.04.2024. 7. Victim girl has now been examined before the Trial Court as PW1 and her parents have been examined as PW2 and PW3. Till date, prosecution has examined 8 charge sheet witnesses as PW1 to PW8. Therefore, it is apparent that the material charge sheet witnesses have been already examined before the Trial Court and therefore, there cannot be any apprehension that petitioner may tamper with the material prosecution witnesses. Petitioner, who is aged about 22 years having no criminal antecedents is in custody from 16.04.2024. Under the circumstances, I am of the view that without expressing any opinion on merits and demerits of the case, petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.78/2024 pending before the Court of II Addl. District and Sessions Judge and Special Judge, Chitradurga, arising out of Crime No.90/2024 registered by Challakere Police Station, Chitradurga, for the offences - 6 - HC-KAR NC: 2025:KHC:22768 CRL.P No. 6919 of 2025 punishable under Sections 114, 363, 376(2)(n), 506 and 34 of IPC, Sections 4, 6 and 17 of the POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, 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; 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. - 7 - HC-KAR NC: 2025:KHC:22768 CRL.P No. 6919 of 2025 9. In view of the disposal of the main petition, pending I.A.No.1/2025 does not survive for consideration. Hence, the same is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN