- 1 - NC: 2025:KHC:10833 CRL.P No. 13512 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13512 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. VENKATESH S/O MANJAPPA AGED ABOUT 23 YEARS R/A: BYLABALA VILLAGE GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-563125. …PETITIONER (BY SRI. DEVENDRA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMEN POLICE STATION, CHIKKABALLAPUR CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU 560 001. 2. *** …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1, SRI. NARASIMHA MURTHY L., ADV. FOR R2.) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.139/2023 LATER REGISTERED AS SPL.SC.NO.150/2023, FOR THE OFFENCES P/U/S 363, 344, 376(2)(N), 376(3) OF IPC, SEC.3(a), 4(2), Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:10833 CRL.P No. 13512 of 2024 5(1), 5(n), 6 OF POCSO ACT, SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT, REGISTERED BY THE 1st RESPONDENT HEREIN AS BAIL APPLICATION FILED BY THE PETITIONER IN CRL.MISC.NO.62/2024 BEFORE THE COURT OF ADDITIONAL SESSIONS JUDGE AND FTSC-I (POCSO) AT CHIKKABALLAPUR WAS REJECTED VIDE ORDER DTD 29.02.2024. 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.S.C.No.150/2023, pending before the Court of Additional Sessions Judge & Fast Tract Special Court - I, Chikkaballapur, arising out of Crime No.139/2023 registered by Chikkaballapur Women Police Station, Chikkaballapur, for offences punishable under Sections 363, 344, 376(2)(n), 376(3) of Indian Penal Code (for short 'IPC') Sections 3(a), 4(2), 5(1), 5(n), 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Section 9 Prohibition of Child Marriage Act (for short, 'PCMA') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsels for the parties. - 3 - NC: 2025:KHC:10833 CRL.P No. 13512 of 2024 3. FIR in Crime No.139/2023 was registered by Chikkaballapur Women Police Station, Chikkaballapur against the petitioner herein initially for offences punishable under Sections 363 of IPC on the basis of the first information dated 12.10.2023 received from respondent No.2, who is the mother of the victim girl. 4. During the course of investigation of the case, petitioner herein was arrested on 25.10.2023 and subsequently remanded to judicial custody. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.62/2024 was rejected on 29.02.2024 and therefore, he is before this Court. 5. Learned counsel for the petitioner submits that petitioner is a youngster having no criminal antecedents. Victim girl who is examined before the Trial Court as PW-1 has turned hostile to the case of the prosecution. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. Learned counsel for respondent No.2 on instructions submits that, he has no objection to allow the petition. - 4 - NC: 2025:KHC:10833 CRL.P No. 13512 of 2024 7. Perusal of the materials on record would go to show that victim girl who is the daughter of respondent No.2 was found missing from their house on 28.09.2023. Efforts made to trace her had failed. Respondent No.2 suspected the hand of the petitioner and therefore, belatedly, she had approached the police on 12.10.2023 and submitted her first information, based on which, FIR in Crime No.139/2023 was registered. 8. During the course of investigation of the case, the victim girl and the petitioner were traced together. The petitioner was arrested on 25.10.2023 and since then, he is in judicial custody. Before the Trial Court, the victim girl has been now examined as PW-1 and she has completely turned hostile to the case of the prosecution. Therefore, the Public Prosecutor has cross examined PW-1, but nothing material has been elicited from the mouth of PW-1 which is against the petitioner. Undisputedly, petitioner has no other criminal antecedents and he is in custody for more than 16 months. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- - 5 - NC: 2025:KHC:10833 CRL.P No. 13512 of 2024 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.139/2023 registered by Chikkaballapur Women Police Station, Chikkaballapur, for offences punishable under Sections 363, 344, 376(2)(n), 376(3) of IPC, Sections 3(a), 4(2), 5(1), 5(n), 6 of POCSO Act and Section 9 of PCMA, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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; - 6 - NC: 2025:KHC:10833 CRL.P No. 13512 of 2024 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 SPV List No.: 1 Sl No.: 46