- 1 - HC-KAR NC: 2025:KHC:20293 CRL.P No. 7491 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7491 OF 2025 BETWEEN: DARSHAN S/O JARI AGED ABOUT 19 YEARS R/AT, HEGADDE VILLAGE NARVE POST, BELURU TALUK HASSAN DISTRICT - 01. …PETITIONER (BY SRI PRATHEEP K.C, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY YESLUR POLICE STATION HASSAN DISTRICT, 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-STATE; R-2 - SD & UNREPRESENTED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO.33/2025 FOR THE OFFENCES P/U/S 64(2) AND 87 OF BNS AND SECTION 6 OF POCSO BY YESLUR POLICE, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT, SAKLESHPUR, HASSAN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20293 CRL.P No. 7491 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C.No.166/2025 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Hassan, arising out of Crime No.33/2025 registered by Yeslur Police Station, Hassan District for the offences punishable under Sections 64(2) & 87 of BNS, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.33/2025 was registered by Yeslur Police Station, Hassan District against the petitioner herein initially for the offence punishable under Section 137(2) of BNS, 2023 on the basis of first information dated 04.03.2025 received from respondent No.2 herein who is the father of the victim girl, aged about 17 years 6 - 3 - HC-KAR NC: 2025:KHC:20293 CRL.P No. 7491 of 2025 months. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner was arrested on 17.03.2025 and subsequently remanded to judicial custody. Investigation in the case was completed and charge sheet has been filed against the petitioner for the aforesaid offences. 5. The bail application filed by the petitioner before the Sessions Court in Crime.No.33/2025 was dismissed on 23.04.2025. Therefore, he is before this Court. 6. The first information was submitted by the father of the victim girl, aged about 17 years 6 months, after it was found that the victim girl was missing from her house on 04.03.2025. Efforts made to trace her had failed. Since the first informant was suspecting the hand of the petitioner, first information was initially registered against the petitioner and during the course of the investigation, the petitioner and the victim girl were traced together. The petitioner was arrested in the present case on 17.03.2025. - 4 - HC-KAR NC: 2025:KHC:20293 CRL.P No. 7491 of 2025 Investigation of the case is complete and charge sheet has been filed. 7. Perusal of the material on record would go to show that, the petitioner aged about 19 years is a student pursuing ITI course in Malleshwari Industrial Training Institute at Sakaleshapura. The victim girl aged about 17 years 6 months had appeared before the jurisdictional Magistrate Court and in her statement recorded under Section 183 of BNS, 2023 on 10.03.2025, she has stated that she is acquainted to the petitioner and they were in love. She had gone along with him voluntarily and had visited the house of his grandmother and also the house of his elder sister. She has not made any allegation that the petitioner had sexual intercourse with her against her wishes. 8. Investigation in the case is complete and charge sheet has been filed. The petitioner who is a student having no criminal antecedents is in custody from 17.03.2025. Therefore, I am of the opinion that the prayer - 5 - HC-KAR NC: 2025:KHC:20293 CRL.P No. 7491 of 2025 made by the petitioner for grant of regular bail is required to be answered affirmatively. 9. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.166/2025 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Hassan, arising out of Crime No.33/2025 registered by Yeslur Police Station, Hassan District for the offences punishable under Sections 64(2) & 87 of BNS, 2023, Section 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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 - 6 - HC-KAR NC: 2025:KHC:20293 CRL.P No. 7491 of 2025 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 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 NMS