- 1 - NC: 2025:KHC:2587 CRL.P No. 11898 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11898 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: KARTHIK S/O. SRI. HANUMAPPA, AGED ABOUT 21 YEARS, R/AT HANUMANTHANA HALLI, Y.N. HOSAKOTE, PAVAGADA TALUK, TUMKUR DISTRICT 572 141 …PETITIONER (BY SRI. A.C. MANJUNATHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY GOWRIBIDNURU TOWN POLICE, GOWRIBIDANURU 561 208, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560 001. 2. VICTIM GIRL SINCE MINOR REP. BY HER MOTHER, SMT. LAKSHMI DEVAMMA, AGED ABOUT 40 YEARS, R/AT K.R. EXTENSION, 4TH CROSS, MADHUGIRI, TUMKUR DIST 572 132 …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1; R2 SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2587 CRL.P No. 11898 of 2024 THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH THE FIR FILED BY THE RESPONDENT GOWRIBIDANUR TOWN POLICE STATION IN THE FIR CRIME NO.54/2024 FOR THE ALLEGED OFFENCE P/US/ 376(2)(n) OF IPC AND U/S.6 OF THE POCSO ACT 2012 AND U/S.66(D) OF INFORMATION TECHNOLOGY ACT 2008 DATED 01.04.2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is filed to enlarge the petitioner on bail in Crime No.54/2024 of Gowribidanur Town Police Station registered for offence punishable under Section 376(2)(n) of IPC and Section 6 of the Protection of Children from Sexual Offence Act, 2012 (for short POCSO Act, 2012) and Section 66(D) of the Information Technology Act, 2008 (for short IT Act, 2008). 2. Charge sheet is filed for the offence under Section 376(2)(n) of IPC, Section 6 of the POCSO Act, 2012 and Section 66(D) of the IT Act, 2008. - 3 - NC: 2025:KHC:2587 CRL.P No. 11898 of 2024 3. Heard both sides and perused the material on record. 4. It is the case of prosecution that the accused befriended the victim girl through Facebook and Instagram and by inducing her that he will marry, committed aggravated penetrative sexual assault on her. 5. The complaint is lodged by the victim's mother based on which, the aforementioned crime was registered. The statements of the victim under Section 161 of Cr.P.C and Section 164 of Cr.P.C were recorded. She was also subjected to medical examination. 6. Learned counsel has contended that this is a case of love affair wherein the victim herself has accompanied the accused and therefore, no offence is committed. It is contended that, petitioner is in judicial custody for nearly one year, he is the only earning member of the family and therefore, by imposing any conditions he may be released on bail. - 4 - NC: 2025:KHC:2587 CRL.P No. 11898 of 2024 7. Learned High Court Government Pleader has opposed the petition contending that victim has given her statement stating that the petitioner has committed forceful sexual intercourse with her against her will and as per the SSLC marks card, date of birth of the victim is 11.07.2008 and therefore, she was a minor as on the date of offence. It is contended that if the petitioner is enlarged on bail, there are chances of tampering the prosecution witnesses. 8. It is alleged by the prosecution that accused befriended the victim girl through Facebook and Instagram and by inducing her took her to Srinivasa Sagara and committed aggravated penetrative sexual assault on her and again on 14.01.2024 took her to his village and once again committed the said act in the house of CW-5. 9. I have perused the statements of the victim she has stated that accused has committed forceful penetrative sexual assault on her. As per school records, - 5 - NC: 2025:KHC:2587 CRL.P No. 11898 of 2024 date of birth of the victim is 11.07.2008 and therefore, she was minor as on the date of commission of the offence. 10. The statements of the victim cannot be doubted at this stage. The contentions of the learned counsel that it is a case of love affair and therefore, the accused is innocent, cannot be accepted. 11. In view of the material placed on record, at this stage, there is a prima facie case against the petitioner. If the petitioner is enlarged on bail, there are chances of influencing and intimidating the victim girl. Liberty is reserved to the petitioner to file a petition after the examination of the victim. Petition is dismissed. . Sd/- (MOHAMMAD NAWAZ) JUDGE VS List No.: 1 Sl No.: 29 CT:SNN