- 1 - NC: 2025:KHC:327 CRL.P No. 12099 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12099 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: MANOJ @ M.MAHENDRA S/O MAHESH.K AGED ABOUT 21 YEARS, R/AT MUDNAKUDU VILLAGE, HARAVE HOBLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571128. …PETITIONER (BY SRI. P.P.HEGDE, SENIOR COUNSEL FOR SRI. PRASANNA KUMAR.B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RURAL POLICE CHAMARAJANGARA REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA, BENGALURU -560001. 2. XXXXX AGED ABOUT 16 YEARS, REPRESENTED BY MINOR GUARDIAN SRI. MANTELINGAIAH S/O LATE MAHADEVAIAH AGED ABOUT 42 YEARS, R/AT F-3 BLOCK NO.51, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:327 CRL.P No. 12099 of 2024 EKALAVYA NAGAR, SHYADANHALLI VILLAGE, MYSURU TALUK & DISTRICT-571441. …RESPONDENTS (BY SRI. RANGASWAMY.R, HCGP FOR RESPONDENT NO.1; R2 SERVICE H/S) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.103/2024 REGISTERED BY THE CHAMARAJANAGAR RURAL POLICE STATION, IN SPL.CASE NO.248/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 376, 376(2)(N) OF IPC AND SECTION 5(L), 5(J) (II), 6 OF POCSO ACT 2012, PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC-1 AT CHAMARAJANAGARA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned Senior counsel appearing for the petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Learned High Court Government Pleader submits that respondent No.2 has been served with notice. However, there is no representation. - 3 - NC: 2025:KHC:327 CRL.P No. 12099 of 2024 3. This petition is preferred under Section 483 of BNSS, 2023 praying to enlarge the petitioner on bail in Spl.Case No.248/2024 pending on the file of the Court of Additional District and Sessions Judge and FTSC-I at Chamarajanagar District. 4. Crime No.81/2024 came to be registered at Metagalli Police Station against the petitioner for offences punishable under Section 5(j)(ii), 5(l) and 6 of the POCSO Act, 2012 and Section 376 of IPC, on a complaint received by the minor victim. On the point of jurisdiction, the said case was transferred to Chamarajanagar Rural Police Station and registered in Crime No.103/2024. 5. On completion of investigation the police have filed charge sheet against the petitioner for offences punishable under Section 376, 376(2)(n) of IPC and Section 5(l), 5(j)(2) and 6 of POCSO Act, 2012. 6. The gist of the prosecution case is that, petitioner/accused knowing very well that the victim girl is a minor induced her and committed penetrative sexual - 4 - NC: 2025:KHC:327 CRL.P No. 12099 of 2024 assault with her on 26.01.2024 and 04.03.2024, consequent to which she became pregnant and thereby committed the aforementioned offences. 7. The medical record reveals that the victim was 23 weeks pregnant when she was examined by the doctor. Her pregnancy was later terminated. 8. A perusal of the complaint averments goes to show that the victim girl while studying in Government High School at Mukkadahalli, got acquainted with the accused while traveling in the bus which turned into a love affair and later in the month of January, the accused took her to a secluded place on the way to Chamarajanagar and committed penetrative sexual assault on her and again in the month of March 2024, once again took her to the same place and committed the offence. 9. It appears that when the victim girl was taken to the hospital, the incident came to light subsequent to which, her statements were recorded by the police and also by the learned Magistrate. - 5 - NC: 2025:KHC:327 CRL.P No. 12099 of 2024 10. The complaint was lodged on 11.07.2024. According to the prosecution the victim was a minor aged about 16 years as on the date of commission of offence. However, the age of the victim has been seriously disputed by the learned Senior counsel appearing for petitioner. He contended that when the victim herself has stated in her complaint that she has completed SSLC and she was studying in II PUC, she cannot be a minor aged 16 years. Relying on a decision of the Hon’ble Apex Court in ‘Deshraj @ Musa V. State of Rajasthan and another’, SLP (Crl) No.11020/2024 he contended in a similar circumstance where there was a consensual relationship between the parties and where the victim was aged about 16 years, the Hon’ble Apex Court has extended the benefit of bail to the accused. 11. Learned High Court Government Pleader has opposed the prayer for bail contending that as per school records the date of birth of the victim is 01.01.2008, hence, the victim was a minor aged below 18 years as on - 6 - NC: 2025:KHC:327 CRL.P No. 12099 of 2024 the date of commission of offence. He contended that the offence committed by the petitioner is heinous in nature and in the event of grant of bail, petitioner may influence the victim not to give evidence before the Court and therefore, seeks to reject the petition. 12. A perusal of the entire material on record reveals that there was a love affair between the petitioner and the victim. Though it is alleged that prior to March 2024, on two occasions the victim was sexually assaulted by the petitioner, the complaint came to be lodged only after the victim’s pregnancy was revealed. The prosecution is relying on the school records where the date of birth of the victim is mentioned as 01.01.2008. However, the prosecution has to establish the age of the victim in accordance with law in a full-fledged trial. Victim’s statement has been recorded under Section 164 Cr.P.C. The accused is aged about 21 years. He is in custody since 28.08.2024. Investigation is completed and charge sheet is filed. - 7 - NC: 2025:KHC:327 CRL.P No. 12099 of 2024 13. Considering the above facts and circumstances, petitioner can be admitted to bail by imposing stringent conditions. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused shall be released on bail in Spl.Case No.248/2024 pending on the file of the Court of Additional District and Sessions Judge and FTSC-I at Chamarajanagara District, subject to following conditions: i. He shall execute a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the Jurisdictional Court. ii. He shall furnish proof of his residential address and shall inform the Court if there is any change in the address. - 8 - NC: 2025:KHC:327 CRL.P No. 12099 of 2024 iii. He shall not contact the victim and shall not intimidate or influence her in any manner. iv. He shall not tamper with the prosecution witnesses either directly or indirectly. v. He shall appear before the trial Court on every date of hearing without fail and shall cooperate for the early disposal of the case. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 38