- 1 - HC-KAR NC: 2025:KHC:24543 CRL.P No. 8648 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8648 OF 2025 BETWEEN: SRI SHIVANNA J.P S/O DODDANARASIMHAPPA AGED ABOUT 41 YEARS R/A GANJIGUNTE VILLAGE BASHETTAHALLI HOBLI CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT. …PETITIONER (BY SRI DEVENDRA N, ADV.) AND: 1. STATE OF KARNATAKA BY DIBBURAHALLI POLICE STATION CHIKKABALLAPUR, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. THE CDPO SIDLAGHATTA TALUK CHIKKABALLAPUR DISTRICT - 563 101. 3. THE CWC CHIKKABALLAPUR DISTRICT - 563 101. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1 TO R-3) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.104/2025 FOR THE OFFENCES P/U/S. 64, 118(1), 127(4), 137(2), 351(2), 352, 54, 96 PF BNS, 2023 AND OFFENCE U/S. 12, 10, 17, 4 AND 8 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012; Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24543 CRL.P No. 8648 of 2025 SEC. 75 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT AND OFFENCE U/S. 9, 10 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT, REGISTERED BY THE 1ST RESPONDENT HEREIN (DIBBURALLI POLICE STATION) AS BAIL APPLICATION FILED BY THE PETITIONER IN CCRL.MISC.272/2025 BEFORE THE COURT OF ADDL. DISTRICT AND SESSIONS JUDGE AND FAST TRAC SPECIAL COURT - I (POCSO), AT CHIKKABALLAPUR WAS REJECTED VIDE ORDER DATED 20.06.2025 COUPLED WITH SUCH OTHER CONDITION AS THIS HONBLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.4 in Crime No.104/2025 registered by Dibburahalli Police Station, Chikkaballapura District for the offences punishable under Sections 118(1), 127(4), 137(2), 351(2), 352, 54, 64 & 96 of BNS, 2023, Sections 12, 10, 17, 4 and 8 of the Protection of Children from Sexual Offences Act, 2012, Sections 9, 10 and 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP appearing for respondent Nos.1 to 3. - 3 - HC-KAR NC: 2025:KHC:24543 CRL.P No. 8648 of 2025 3. The parents'/guardian of the victim girl, who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.104/2025 was registered by Dibburahalli Police Station, Chikkaballapura District for the aforesaid offences against one Babajan and others, on the basis of first information dated 11.05.2025 received from the victim girl, aged about 17 years 10 months. The petitioner who was arraigned as accused No.4 in the FIR was arrested on 11.05.2025 and subsequently remanded to judicial custody. 5. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.272/2025 was dismissed on 20.06.2025. Therefore, he is before this Court. 6. Perusal of the material on record would go to show that, the petitioner is serving as a police constable in the District Armed Reserve Police. In the first information submitted by the victim girl, aged about 17 years 10 - 4 - HC-KAR NC: 2025:KHC:24543 CRL.P No. 8648 of 2025 months, she has stated that, against her wishes her marriage was performed by her parents and relatives with accused No.1 / Babajan. Since the victim girl had not cooperated with accused No.1 for having sex, he allegedly had brought her back and left her in mother's house. Subsequently, the victim girl had left her mother's house, since her mother had abused and assaulted her and thereafter the victim girl had taken shelter in the house of Babajan S/o Basha in Andhra Pradesh state. 7. The petitioner herein and accused No.3 along with the mother of the first informant had gone to the house of aforesaid Babajan S/o Basha in Andhra Pradesh and brought the victim girl back to her village, after threatening her. It is further alleged in the first information that after the victim girl was brought back to her village, she was abused and assaulted in her mother's house and accused persons had locked her inside a room along with accused No.1 - Babajan, who allegedly had sexual intercourse with the victim girl against her wishes. - 5 - HC-KAR NC: 2025:KHC:24543 CRL.P No. 8648 of 2025 8. From a reading of averments found in the first information it is very clear that, the allegation of committing penetrative sexual assault on the victim girl is only against accused No.1, who had married her. Insofar as the petitioner, who is arraigned as accused No.4 in the FIR is concerned, the allegation against him is that he had gone to the house of Baba jan S/o Basha in Andhra Pradesh and had brought the victim girl back to the village and thereafter threatened her and made her to stay in the house of her mother where, accused No.1 allegedly had sexual intercourse with her against her wishes. 9. The petitioner, who is a government servant having no criminal antecedents is in custody from 11.05.2025 onwards. Considering the nature of allegation found as against the petitioner his further detention in custody is not warranted. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. - 6 - HC-KAR NC: 2025:KHC:24543 CRL.P No. 8648 of 2025 10. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.104/2025 registered by Dibburahalli Police Station, Chikkaballapura District for the offences punishable under Sections 118(1), 127(4), 137(2), 351(2), 352, 54, 64 & 96 of BNS, 2023, Sections 12, 10, 17, 4 and 8 of the Protection of Children from Sexual Offences Act, 2012, Sections 9, 10 and 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, 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 - 7 - HC-KAR NC: 2025:KHC:24543 CRL.P No. 8648 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 involved in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS