Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23440 CRL.P No. 8220 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8220 OF 2025 BETWEEN:
C.R. NAGARAJU @ CHETHAN S/O RAVIKUMAR AGED ABOUT 22 EYARS R/AT VINAYAKANAGARA KENGERI HOBLI RAMOHALLI KUMBALAGODU BANGALORE CITY - 45. …PETITIONER (BY SRI. PRATHEEP K.C, ADV.) AND:
1. THE STATE OF KARNATAKA REP BY CHANNARAYAPATNA TOWN POLICE STATION HASSAN DISTRICT, REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1;
NOTICE TO R-2 H/S V/O DTD:01.07.2025)
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 SPL.C 330/2024 (CRIME NO.149/2024), PENDING ON THE FILE OF HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE AND FTSC-1 AT HASSAN FOR THE OFFENCES P/U/S 363 AND 376 OF Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:23440 CRL.P No. 8220 of 2025 IPC, SECTION 4, 6 AND 12 OF POCSO ACT 2012, BY CHANNARAYAPATNA TOWN POLICE. 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 Spl.C.No.330/2025 pending before the Court of Addl. District & Sessions Judge & FTSC-1, Hassan, arising out of Crime No.149/2025 registered by Channarayapatna Town Police Station, Hassan District, for the offences punishable under Sections 363, 376 of IPC and Sections 4, 6 & 12 of the POCSO Act, 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 though served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.149/2025 was registered by Channarayapatna Town Police Station, Hassan District, for the offence punishable under Section 363 IPC against unknown
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HC-KAR NC: 2025:KHC:23440 CRL.P No. 8220 of 2025 persons based on the first information dated 18.05.2024 received from respondent no.2 who is the mother of the victim girl aged about 16 years. During the course of investigation, petitioner and the victim girl were traced together. Subsequently, the petitioner was arrested on 30.05.2024 and 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 jurisdictional Sessions Court in Spl.C.No.330/2025 was rejected on 07.02.2025. Therefore, petitioner is before this Court. 4. Perusal of the material on record would go to show that victim girl was found missing from her house on 09.05.2024 and efforts made to trace her went in vain. First information was belatedly submitted on 18.05.2024 by the mother of the victim girl. During the course of investigation, petitioner and the victim girl were traced together at Bengaluru and were brought back to their village. Petitioner was arrested in the present case on 30.05.2024 and remanded to judicial custody. 5. The statement of the victim girl under Section 164 Cr.PC was recorded on 30.06.2024. In the said statement, she has
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HC-KAR NC: 2025:KHC:23440 CRL.P No. 8220 of 2025 stated that on 09.05.2024 after her mother had abused her, she had left her house and had traveled to Dharmasthala from Channarayapatna. From Dharmasthala, she had traveled to Bengaluru in a bus and met the petitioner in Majestic Bus Stand and along with him she had gone to his sister's house and stayed there for about 15 days. Subsequently, petitioner and she stayed in a rented premises for about three days and in the said house, they had sexual intercourse. She has stated that while they were staying in the rented house, they were traced by the police and brought back to Channarayapatna. 6. From the aforesaid, it appears that petitioner had voluntarily gone along with the petitioner and had stayed along him for a considerable period of time. Petitioner, aged about 22 years is in custody for the last more than one year. Trial in the case is yet to commence. Investigation of the case is completed and the allegations made in the charge sheet are required to be proved in a full-fledged trial. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:
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HC-KAR NC: 2025:KHC:23440 CRL.P No. 8220 of 2025
7. The petition is allowed.
The petitioner is directed to be enlarged on bail in Spl.C.No.330/2025 pending before the Court of Addl. District & Sessions Judge & FTSC-1, Hassan, arising out of Crime No.149/2025 registered by Channarayapatna Town Police Station, Hassan District, for the offences punishable under Sections 363, 376 of IPC and Sections 4, 6 & 12 of the POCSO Act, 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;
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HC-KAR NC: 2025:KHC:23440 CRL.P No. 8220 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