- 1 - HC-KAR NC: 2025:KHC:22313 CRL.P No. 7748 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7748 OF 2025 BETWEEN: MADHAN KUMAR S/O MUNIYALLAPPA AGED ABOUT 24 YEARS R/AT NO.15/7 MAGADI MAIN ROAD VENKATESHWARA LAYOUT HOSAHALLI, BENGALURU NORH VISHWANEEDAM, BENGALURU - 560 091. …PETITIONER (BY SRI DEENABANDHU RAI N, ADV.) AND: 1. STATE BY KARNATAKA BYADARAHALLI POLICE STATION BENGALURU, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU HIGH COURT COMPLEX BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; NOTICE TO R-2 H/S V/O DTD:25.06.2025) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.768/2024 NOW IN SPL.C.NO.105/2025 REGISTERED BY THE BYADARAHALLI P.S., FOR THE OFFENCES P/U/S 65(1) OF BNS, U/S 6,4(2) OF POCSO ACT, 2012, ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-III, BENGALURU RURAL DISTRICT, AT BENGALURU. 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:22313 CRL.P No. 7748 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.768/2024 registered by Byadarahalli Police Station, Bengaluru City, for the offences punishable under Section 65(1) of BNS, 2023, and Sections 6, 4(2) of POCSO Act, 2012, 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-State. Respondent no.2 who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.768/2024 was registered by Byadarahalli Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information received from the victim girl who is the daughter of respondent no.2. Petitioner herein was arrested on 14.02.2025 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.516/2025 was rejected on 21.04.2025. Therefore, petitioner is before this Court. - 3 - HC-KAR NC: 2025:KHC:22313 CRL.P No. 7748 of 2025 4. Learned Counsel for the petitioner submits that petitioner and the victim girl were in love. The victim girl has not cooperated for medical examination. Though it is alleged in the first information that the victim girl was pregnant, her medical reports do not support such an allegation. She has not made any serious allegation in her statement recorded under Section 183 of BNSS, 2023. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that the victim girl is a minor, and therefore, the alleged offences get attracted against the petitioner. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that FIR in Crime No.757/2024 was registered by Byadarahalli Police Station, Bengaluru City, against one Ravikumar who is the neighbour of the victim girl. In the said case, the victim girl and her father had visited the police station and the victim girl who was also the victim in Crime No.757/2024 which was registered for the offences punishable under Sections 8 & 12 of the POCSO Act, was sent to the hospital for her medical - 4 - HC-KAR NC: 2025:KHC:22313 CRL.P No. 7748 of 2025 examination. In the medical examination, she was found to be pregnant and it is under these circumstances, based on her statement, first information in the present case i.e., Crime No.768/2024 was registered against the petitioner. 7. During the course of investigation, statement of the victim girl was recorded under Section 183 of BNSS, 2023, by the judicial Magistrate and the victim girl has not made any serious allegation against the petitioner in the said statement. On the other hand, she has stated that she and the petitioner herein are in love. She has not stated anything about sexual intercourse between her and the petitioner. The victim girl was once again subjected to medical examination during the course of investigation in the present case and her medical report dated 30.11.2024 would go to show that urine pregnancy test was negative. The victim girl has also not cooperated for her medical examination in the present case. 8. Petitioner, aged about 24 years, having no criminal antecedents is in custody from 14.02.2025. Investigation of the case is completed and charge sheet has been filed. Having regard to the aforesaid aspects of the matter, I am of the - 5 - HC-KAR NC: 2025:KHC:22313 CRL.P No. 7748 of 2025 opinion that petitioner's prayer for grant of regular bail is required to answered affirmatively. Accordingly, the following order: 9. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.768/2024 registered by Byadarahalli Police Station, Bengaluru City, for the offences punishable under Section 65(1) of BNS, 2023, and Sections 6, 4(2) of POCSO Act, 2012, subject to the following conditions: 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; - 6 - HC-KAR NC: 2025:KHC:22313 CRL.P No. 7748 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 KK