- 1 - HC-KAR NC: 2025:KHC:20311 CRL.P No. 12735 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12735 OF 2024 BETWEEN: RAJU @ CHOWDAIAH S/O RAJU AGED ABOUT 24 YEARS R/AT CHOWDESHWARIPURA VILLAGE, HAMLET OF VADDARADODDI, BILAGUMBA POST, KASABA HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT - 562159 …PETITIONER (BY SRI. MURALI. D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY CHANNAPATNA TOWN POLICE STATION, RAMANAGARA REP. BY STATE PUBLIC PROSECUTOR. HIGH COURT BUILDING BENGALURU - 560001 2. xxx …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20311 CRL.P No. 12735 of 2024 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL BEING ACCUSED NO.1 IN THE CASE PENDING BEFORE THE 1ST ADDL. DIST. AND SESSIONS, RAMANGARA, ARISING OUT OF SPL.C.NO.112/2024 ON THE FILE OF CHANNAPATNA TOWN POLICE, RAMANAGARA, FOR OFFENCES P/U/S 363, 323 AND 506 R/W SEC. 34 OF IPC AND U/S 8 AND 12 OF THE POCSO ACT, 2012 AND SEC. 9 OF THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 AND ETC. 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.1 in Spl.C.No.112/2024 pending before the Court of I Additional District and Sessions Judge, Ramanagara arising out of Crime No.28/2024 registered by Channapatna Town Police Station for offences punishable under Sections 363, 323 and 506 read with Section 34 of IPC and Section 9 of Child Marriage Restraint Act, is before this Court under Section 439 of IPC, seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1. The second respondent who is served in the matter has remained unrepresented before this Court. - 3 - HC-KAR NC: 2025:KHC:20311 CRL.P No. 12735 of 2024 3. FIR was registered by Channapatna Town Police against the petitioner herein initially for offence punishable under Section 363 of IPC based on the first information dated 19.04.2024 received from respondent No.2, the mother of the victim girl who was aged about 17 years 6 months. During the course of investigation of the case, the petitioner herein was arrested on 17.05.2024 and subsequently remanded to judicial custody. After completing the investigation, charge sheet is filed and the petitioner is arrayed as Accused No.1 in the charge sheet. His bail application was rejected by the Trial Court. Therefore, he is before this Court. 4. The first informant had approached the police on 19.04.2024 alleging that her daughter aged about 17 years 6 months who was studying in II year PUC had gone for tuition on 18.04.2024, but had not returned home. During the course of investigation, the petitioner and the victim girl were traced together. Subsequently, petitioner was arrested on 17.05.2024 and remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. Statement of the victim - 4 - HC-KAR NC: 2025:KHC:20311 CRL.P No. 12735 of 2024 girl under Section 164 of Cr.P.C., was recorded on 07.05.2024. In the said statement, she has not made any allegation against the petitioner about he committing penetrative sexual assault on her. Under these circumstances, only offence punishable under Sections 8 and 12 POCSO Act has been invoked against the petitioner. The maximum punishment for the aforesaid offences is imprisonment for a period of 5 years. It appears that the petitioner and the victim girl are acquainted to each other and after the victim girl was found missing, she had traveled with the petitioner to various places. 5. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of bail is required to be answered affirmatively. Accordingly, I pass the following order:- 6. The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.28/2024 of Channapatna Town Police Station, Ramanagara, registered for the offences punishable under Sections 363, 323 and 506 read with Section 34 of IPC and Section 9 of Child Marriage Restraint Act, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:20311 CRL.P No. 12735 of 2024 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 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 involve in similar offences in future; and e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KG List No.: 1 Sl No.: 37