- 1 - HC-KAR NC: 2025:KHC:19856 CRL.P No. 6984 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6984 OF 2025 BETWEEN: KRISHNA R S/O RAMANNA B.R AGED ABOUT 18 YEARS HOTEL EMPLOYEE R/O HARISHANDRA GHAT HIRIYUR TOWN CHITRADURGA DIST., PIN - 577 598. …PETITIONER (BY SRI NAVEEN H.M, ADV.) AND: 1. STATE OF KARNATAKA AIMANGALA POLICE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; V/O DT:06/06/2025 NOTICE TO R-2 IS HLED SUFFICIENT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.186/2023 OF RESPONDENT IMANGALA POLICE REGISTERED FOR O/P/U/S 4 OF POCSO ACT, 363, 376 OF IPC AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT AND ALSO SPL.CASE NO.2/2024, WHICH IS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19856 CRL.P No. 6984 of 2025 PENDING BEFORE HONBLE SPL.2ND ADDL. DISTRICT AND SESSIONS JUDGE COURT AT CHITRADURGA. 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 Case (POCSO) No.2/2024 pending before the Court of Special and II Addl. District and Sessions Judge, Chitradurga, arising out of Crime No.186/2023 registered by Imangala Police Station, Chitradurga, for the offences punishable under Sections 363 and 376 of IPC, Section 4 of the POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage Act (Karnataka Amendment) Act, 2016, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the 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:19856 CRL.P No. 6984 of 2025 3. FIR in Crime No.186/2023 was registered by Imangala Police Station, Chitradurga, initially for the offence punishable under Section 363 of IPC based on the first information dated 13.11.2023 received from respondent No.2, who is the father of the victim girl aged about 17 years. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner, who was arrested on 25.11.2023 was subsequently, remanded to judicial custody. After completing the investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in Special Case (POCSO) No.2/2024 was rejected on 22.03.2024. Therefore, he is before this Court. 4. In the first information which is filed by the father of the victim girl, aged about 17 years, it is stated that the victim girl was found missing from their house on 06.11.2023 and the efforts made to trace her had failed. Therefore, on 13.11.2023, he had approached the police and based on his first information, FIR was registered against unknown persons. During the course of investigation, petitioner and the victim girl were traced together. Petitioner, who was arrested on - 4 - HC-KAR NC: 2025:KHC:19856 CRL.P No. 6984 of 2025 25.11.2023 was remanded to judicial custody. Statement of the victim girl was recorded before the jurisdictional Magistrate on 24.11.2023 and in the said statement, she has stated that she was in love with the petitioner and she had gone along with him. She has not made any other allegations against the petitioner in the said statement. The victim girl has now been examined before the Trial Court as PW1. Mother of the victim girl has been examined as PW2 and father of the victim girl has been examined as PW8 in the present case. PW2 and PW8 have completely turned hostile to the case of the prosecution. Be that as it may, the fact remains that as on this day, all the material charge sheet witnesses have been already examined and therefore, there cannot be any apprehension that the petitioner may tamper with the prosecution witnesses. Petitioner, who is now aged about 20 years, is in custody for the last more than 18 months. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively without expressing any opinion on merits and demerits of the case. Accordingly, the following order:- - 5 - HC-KAR NC: 2025:KHC:19856 CRL.P No. 6984 of 2025 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case (POCSO) No.2/2024 pending before the Court of Special, II Addl. District and Sessions Judge, Chitradurga, arising out of Crime No.186/2023 registered by Imangala Police Station, Chitradurga, for the offences punishable under Sections 363 and 376 of IPC, Section 4 of the POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage Act (Karnataka Amendment) Act, 2016, 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; - 6 - HC-KAR NC: 2025:KHC:19856 CRL.P No. 6984 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