- 1 - NC: 2025:KHC:6514 CRL.P No. 13341 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13341 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. RANGANATHA B.N. S/O. NAGARAJA B.R., AGED ABOUT 26 YEARS, R/A. HUVINAHOLE VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT-574 546. …PETITIONER (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY HIRIYURU TOWN POLICE STATION, CHITRADURGA DISTRICT-577 498. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU – 560001. 2. SRI. N. PATHALINGAIAH S/O. LATE NINGANNA, AGED ABOUT 62 YEARS, R/AT. 25TH WARD, GANDHI BADAVANE, 2ND CROSS, HIRIYURU CITY-577 498, CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6514 CRL.P No. 13341 of 2024 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER HEREIN BY DIRECTING THE RESPONDENT NO.1- HIRIYUR TOWN POLICE STATION, HIRIYURU, CHITRADURGA DISTRICT, TO RELEASE THE PETITIONER WITH RESPECT TO THE CRIME NO.54/2024 (NOW SPECIAL CASE NO.58/2024), REGISTERED BY THE RESPONDENT NO.1, HIRIYUR TOWN POLICE STATION, HIRIYURU, CHITRADURGA DISTRICT, FOR THE ALLEGED OFFENCES PUNISHABLE U/SEC 376(2)(n), 363 OF IPC AND U/SEC 9 OF PROHIBITION OF CHILD MARRIAGE ACT AND U/SEC 12, 4, 6, 5(L) OF POCSO ACT, 2012, ON THE FILE OF THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/sole accused has preferred this petition praying to enlarge him on bail in Spl.C.(POCSO) No.58/2024, pending before the II Additional District and Sessions Judge, Chitradurga. 2. Charge sheet is filed against the petitioner for offences punishable under Section 5(l), 12, 4 and 6 of POCSO Act, 2012, Section 9 of Prohibition of Child Marriage Act, 2006 and Section 376(2)(n) and 363 of IPC. - 3 - NC: 2025:KHC:6514 CRL.P No. 13341 of 2024 3. It is the case of prosecution that the accused by inducing the minor victim in the guise of loving her, on 29.02.2024 took her to Kariyamma Temple and knowing fully well that she is a minor, married her and then took her to the house of CW.7 in Vasantha Nagar Village, Hiriyur Taluk and committed penetrative sexual assault on her. Again, he took her to the house of CW.8 in Naduvanahalli Village, Gauribidanur Taluk, wherein he committed aggravated penetrative sexual assault on her. 4. The statement of the victim has been recorded under Section 161 as well as 164 Cr.P.C., wherein she has narrated about the sexual assault committed on her by the accused. As per school records, date of birth of the victim is 25.06.2008 and therefore, at this stage there is material to show that she was a minor as on the date of commission of offence. 5. Learned High Court Government Pleader has submitted that the trial is in progress and the evidence of the victim is recorded, wherein she has supported the case - 4 - NC: 2025:KHC:6514 CRL.P No. 13341 of 2024 of prosecution. However, the evidence adduced before the trial Court cannot be discussed in a bail petition and no opinion can be expressed on the merits of the case. 6. Considering that the trial is in progress and in view of the material on record, petitioner is not entitle for bail. Petition is dismissed. Observations made herein above shall not influence the trial of the case. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 29 Ct:ar