- 1 - NC: 2025:KHC:1888 CRL.P No. 8773 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 8773 OF 2024 BETWEEN: MANU H.M. S/O MADDURAIAH, AGED ABOUT 21 YEARS, R/A NEAR POLICE CHOWKI, LAGGERE, BANGALORE - 560 058 PERMANENT RESIDENT OF, HOTTE THIMMAIAHNA PALYA, HULIYURDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 123 …PETITIONER (BY SRI H.S.SANTHOSH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAJAGOPALANAGAR P.S REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURE - 560 001. 2. GURUKUMAR S/O LATE CHANNEGOWDA, AGED ABOUT 37 YEARS, R/A 49/71, ANNAPURNESHWARI NAGAR, LAGGERE, BANGALORE - 560 058 …RESPONDENTS (BY SMT.K.P.YASHODHA, HCGP FOR R.1; R2-SERVED & UNREPRESENTED) Digitally signed by ANUSHA V Location: High Court Of Karnataka - 2 - NC: 2025:KHC:1888 CRL.P No. 8773 of 2024 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.231/2022 FOR THE OFFENCE P/U/S 366(A), 376, 465, 468, 471, 421, 506 R/W 34 OF IPC AND SECTIONS 5(L), 6 OF POCSO ACT AND SECTIONS 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT BY THE RESPONDENT POLICE PENDING ON THE FILE OF THE ADDL.CITY CIVIL AND SESSIONS JUDGE (FTSC-II) BENGALURU IN SPL.C.C.NO.2117/2022THE ADDL.CITY CIVIL AND SESSION JUDGE, FTSC-II BENGALURU HAS DISMISSED THE BAIL PETITION ON 03.05.2024 IN CRL.MISC.NO.3237/2024 AND ETC., THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.231/2022 of Rajagopal Nagar Police Station, Bengaluru, pending in Spl.C.C.No.2117/2022 on the file of the learned Additional City Civil and Sessions Judge (FTSC-II), Bengaluru, registered for the offences punishable under Sections 366(A), 376, 465, 468, 471, 421, 506 R/W 34 of IPC and Sections 5(L), 6 of Prevention of Children from Sexual Offences Act, 2012 ('POCSO ACT' for short) and Sections 9 and 10 of Child - 3 - NC: 2025:KHC:1888 CRL.P No. 8773 of 2024 Marriage Restraint Act, 1929, on the basis of the first information lodged by the informant, father of the victim. 2. Heard Sri H.S.Santhosh, learned counsel for the petitioner and Smt.K.P.Yashodha, learned High Court Government Pleader for the respondent No.1-State. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. Petitioner was apprehended on 14.07.2022 and since then, he is in judicial custody. Father of the victim lodged the first information against the accused alleging commission of the aforesaid offences. After investigation, the charge sheet came to be filed. The contention of the prosecution is that the - 4 - NC: 2025:KHC:1888 CRL.P No. 8773 of 2024 victim was aged 17 years at the time of incident. SSLC marks card pertaining to the victim is produced, according to which, the victim was born on 22.11.2005. The incident had occurred on 16.04.2022. It is also the allegation of prosecution that accused No.1 has forcibly married the victim and the marriage was registered. 5. Admittedly, the victim is examined as PW.1. The informant, the father of the victim is examined as PW.2 and mother of the victim as PW.3. The other witnesses are only the formal witnesses. Prosecution cited as many as 31 witnesses. Examination of all these witnesses will take longer period of time. It is pertinent to note that the petitioner is aged 21 years. He is in custody since 14.07.2022. His further detention in custody may bring him in contact with hardcore criminals. Under such circumstances, I am of opinion that there are no compelling reasons to detain the petitioner in custody as the victim and her parents are already examined. Therefore, detention of the petitioner in custody would amount to infringement to his right to life and liberty. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail - 5 - NC: 2025:KHC:1888 CRL.P No. 8773 of 2024 subject to conditions, which will take care of the interest of the prosecution. 6. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.231/2022 of Rajagopal Nagar Police Station, Bengaluru, pending in Spl.C.C.No.2117/2022 on the file of the Additional City Civil and Sessions Judge (FTSC-II), Bengaluru, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a). The petitioner shall not commit similar offences. b). The petitioner shall not threaten or tamper with the prosecution witnesses. c). The petitioner shall appear before the Court as and when required. If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. - 6 - NC: 2025:KHC:1888 CRL.P No. 8773 of 2024 On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail. Sd/- (M G UMA) JUDGE AV List No.: 2 Sl No.: 2