- 1 - NC: 2025:KHC:5991 CRL.P No. 12488 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12488 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: VASU S.C, S/O SUBRAMANI AGED ABOUT 23 YEARS R/AT LAKKENAHALLI VILLAGE, KAMASAMUDRA POST, BANGARAPET TALUK, KOLAR DISTRICT - 530 301. …PETITIONER (BY SRI. BHASKAR GOWDA N.M, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BELLANDUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SMT. SUMA W/O SHIVA, AGED ABOUT 28 YEARS, RESIDING AT NO. 91, NEAR INDIRA CANTEEN, SLUM QUARTERS, KASAVANAHALLI, BANGALORE CITY - 560 102. …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R1; R2 IS SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5991 CRL.P No. 12488 of 2024 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C.C.NO.1334/2024 IN CR.NO.271/2024 REGISTERED BY THE BELLANDUR POLICE FOR THE OFFENCE P/U/S 366, 376(D), 506 OF IPC, SEC. 6 OF POCSO ACT AND SEC. 3(2)(v-a) OF SC AND ST (POA) ACT, 1989 PENDING ON THE FILE OF ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-V, BENGALURU CITY. 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 counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. This petition is preferred praying to enlarge the petitioner on bail in Crime No.271/2024 of Bellanduru Police Station, Bengaluru City. 3. The law was set into motion by the aunt of the victim, reporting missing of the minor victim aged about 14 years from 12:45 p.m. of 05.05.2024. Based on the said complaint, initially crime was registered against unknown person for the offence punishable under Section - 3 - NC: 2025:KHC:5991 CRL.P No. 12488 of 2024 363 of IPC. The victim was traced on 07.05.2024. Her statement under Section 161 as well as Section 164 of Cr.P.C. was recorded, wherein, she stated that she was taken by the accused and subjected to aggravated penetrative sexual assault. 4. Petitioner was arrested on 13.05.2024. Charge sheet has been filed for offences punishable under Section 366, 376-D, 506 of IPC and Section 6 of the POCSO Act and Section 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, for short (SC/ST (POA) Act)). 5. The case of the prosecution is that on 04.05.2024, the juvenile offender asked the victim over phone to come to Hosakote. Hence, on 05.05.2024, between 12:00 to 12:45 noon, without informing anyone in the house, victim went to Hosakote. In the night at about 11:00 p.m., the said juvenile offender along with his friend, another juvenile offender came to the bus stand and took her to Kolar wherein, the petitioner also joined - 4 - NC: 2025:KHC:5991 CRL.P No. 12488 of 2024 them. Thereafter, they took the victim to the house of the grand mother of one of them and then on 06.05.2024 all the 3 accused took the victim to an isolated place and committed rape on her one after the other, insipte of her resistance. 6. Learned counsel for petitioner has contended that there is discrepancy in the statement of the victim and the evidence of her aunty / complainant adduced before the Court. He contended, the entire allegations are false, petitioner is in judicial custody since 13.05.2024, he is the sole bread winner of the family and his further detention will cause great hardship and inconvenience to his family members. He further contended that the victim has not turned up before the Trial Court to give her evidence and therefore, the petitioner cannot be detained for an indefinite period. Therefore, sought to allow the petition. 7. Learned High Court Government Pleader has contended that this is a case of gang rape wherein, the - 5 - NC: 2025:KHC:5991 CRL.P No. 12488 of 2024 punishment prescribed is imprisonment for not less then twenty years. He contended that the medical evidence also supports the statement given by the victim before the police as well as before the Magistrate and therefore, there is a prima-facie case against the petitioner. He further contended that as per school records, the date of birth of the victim is 23.05.2011 and therefore, she was aged only 14 years as on the date of commission of offence. He contended that if the petitioner is enlarged on bail, he will threaten the victim and thereby hamper the case of prosecution. He has accordingly, sought to dismiss the petition. 8. I have perused the statement of the victim recorded by the Police as well as the learned Magistrate. The victim has narrated the entire incident. She has clearly stated that she was subjected to penetrative sexual assault by the petitioner as well. As per medical report, sexual violence cannot be ruled out and the hymen was - 6 - NC: 2025:KHC:5991 CRL.P No. 12488 of 2024 not intact. The prosecution has collected 1st standard admission extract of the victim, wherein, her date of birth is mentioned as 23.05.2011. 9. Victim's evidence is not yet recorded. Hence, at this stage, if the petitioner is enlarged on bail, there is likelihood of intimidating or influencing the victim. Considering the heinous nature of offence, I am of the considered view that, this is not a fit case to enlarge the petitioner on bail. Petition is accordingly, dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 13 CT: BHK