- 1 - HC-KAR NC: 2025:KHC:22970 CRL.P No. 7495 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7495 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ASHOKA S (AS PER BAIL ORDERS AND CHARGESHEET) S/O LATE SRIRAMAPPA AGED ABOUT 19 YEARS RESIDING AT WARD NO.8, SIDHARTH NAGARA, NALLIMARADAHALLI TOWN SHIDLAGHATTA, CHIKKABALAPURA TOWN, KARNATAKA-562101. …PETITIONER (BY SRI. MOHAMMED PASHA C., ADVOCATE) AND: 1. STATE BY KARNATAKA BY ALL WOMEN POLICE STATION, CHIKABALLAPUR, REP. BY SPP, HIGH COURT CAMPUS, BENGALURU 560001. 2. xxxxxxxxxxxxxxxx S/O LATE XXXXXXXXXXXX AGED ABOUT 57 YEARS, R/AT NALLIMARADHALLI WARD NO 10, SHIDALAGHATTA TOWN, CHIKKABALLAPURA, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22970 CRL.P No. 7495 of 2025 BENGALURU 562101. …RESPONDENTS (BY SMT. WAHEEDA M.M., H.C.G.P. FOR R1; NOTICE TO RESPONDENT NO.2 IS HELD SUFFICIENT V/O. DATED 24.06.2025) THIS CRL.P. IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THIS BAIL APPLICATION AND ENLARGE THE PETITIONER ON BAIL IN SPL.S.C. NO.134/2023 ARISING OUT OF CRIME NO.117/2023 FOR THE ALLEGED OFFENCES P/U/S 344, 363, 376(2)(n), 376(3) OF IPC R/W SECTION 5(L), 6 PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 R/W SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006 PENDING ON THE FILE OF HONBLE FTSC-1, ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA WHEREIN THIS PETITIONER ARRAYED AS ACCUSED AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Spl.S.C. No.134/2023 pending before the Court of Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.117/2023 registered for the offences punishable under Sections 363, 344, 376(3), 376(2)(n) of IPC and Sections 4(2), 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 read with Section 9 of the Prohibition of Child Marriage Act, - 3 - HC-KAR NC: 2025:KHC:22970 CRL.P No. 7495 of 2025 2006 is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard learned counsel for the petitioner and learned H.C.G.P. for respondent No.1. Respondent No.2 is served in the matter and has remained unrepresented before this Court. 3. FIR in Crime No.117/2023 was registered by the Chikkaballapura Police Station, Chikkaballapura, against unknown person initially for the offence punishable under Section 363 of IPC based on the first information dated 02.09.2023 received from respondent No.2, who is the father of the victim girl. 4. During the course of investigation, petitioner and the victim girl were traced together. The petitioner was arrested on 20.09.2023 and subsequently remanded to judicial custody. After completing investigation, chargesheet has been filed against the petitioner for the aforesaid offences. His bail application filed - 4 - HC-KAR NC: 2025:KHC:22970 CRL.P No. 7495 of 2025 before the jurisdictional Sessions Court in Spl.S.C. No.134/2023 was rejected on 21.03.2025. Therefore, he is before this Court. 5. First information was submitted by the father of the victim girl on 02.09.2023 alleging that his minor daughter, who had gone to school on 24.08.2023 had not returned home. Efforts made to trace her had failed and, therefore, he had approached the police on 02.09.2023. During the course of investigation, the petitioner and the victim girl were traced together. Petitioner was arrested on 20.09.2023 and subsequently remanded to judicial custody. Statement of the victim girl under Section 164 of Cr.P.C. was recorded by the jurisdictional Magistrate on 22.09.2023. In the said statement, the victim girl had stated that she and petitioner were in love and after coming to know about the same, her parents had abused her. Therefore, she had left her house and had eloped with the petitioner - 5 - HC-KAR NC: 2025:KHC:22970 CRL.P No. 7495 of 2025 initially to Chintamani and thereafter they had traveled to Tirupathi and from Tirupathi they had traveled to Vishakapatnam. They stayed at Vishakapatnam for a period of 10 days and thereafter they have traveled to Hyderabad and stayed at Hyderabad for a period of one week and from Hyderabad they traveled to Bangalore and thereafter they traveled to Shidlaghatta and got married in temple. Subsequently, they stayed together and had sexual intercourse. Victim girl has been examined before the Trial Court as P.W.1. She has turned hostile to the case of the prosecution and therefore, Public Prosecutor has extensively cross- examined the victim. 6. The petitioner who is aged about 19 years when he was taken to custody is in judicial custody from 20.09.2023 onwards and undisputedly he has no criminal antecedents. Since material chargesheet witness has already been examined, there cannot be - 6 - HC-KAR NC: 2025:KHC:22970 CRL.P No. 7495 of 2025 any apprehension that petitioner may tamper with the material chargesheet witness. Out of the 33 chargesheet witnesses cited in the present case, till date only one chargesheet witness has been examined. Considering the aforesaid aspects of the matter, I am of the opinion that the petitioner’s prayer for grant of regular bail is to be answered affirmatively. Accordingly, the following : ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.117/2023 of Chikkaballapura Police Station registered for the offences punishable under Sections 363, 344, 376(3), 376(2)(n) of IPC and Sections 4(2), 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 read with Section 9 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC:22970 CRL.P No. 7495 of 2025 a) Petitioner shall execute 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. Sd/- (S VISHWAJITH SHETTY) JUDGE HNM List No.: 1 Sl No.: 76