- 1 - NC: 2025:KHC:9000 CRL.P No. 13555 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13555 OF 2024 BETWEEN: SRI. G. RANJITH KUMAR, S/O LATE GANGAPPA, AGED ABOUT 25 YEARS, R/AT VADAGOOR VILLAGE, HUTHOOR HOBLI, KOLAR TALUK - 563 103. …PETITIONER (BY SMT. SUMA Y, ADVOCATE FOR SRI. BADARINARAYANA M.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, KOLAR WOMEN POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; R2 - SERVED) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL DIRECT HIS RELEASE FROM CUSTODY IN CR.NO.53/2024 OF KOLAR WOMEN P.S. AND INSPL.C (POCSO) NO.122/2024 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1 Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9000 CRL.P No. 13555 of 2024 AT KOLAR OFFENCE P/U/S 363, 376(N), 212 OF IPC WITH SEC.6 OF POCSO ACT AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006 AND ALLOW THE PETITIONER PETITION. 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 in Spl.C (POSCO) No.122/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Kolar arising out of Crime No.53/2024 registered by Kolar Women Police Station, Kolar for offences punishable under Sections 363, 376(N), 212 of IPC and Section 6 of POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006 is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1. Respondent No.2 though served, is unrepresented before this Court. 3. FIR in Crime No.53/2024 was registered by Kolar Women Police Station, Kolar against unknown person for - 3 - NC: 2025:KHC:9000 CRL.P No. 13555 of 2024 offence punishable under Section 363 of IPC based on the first information dated 27.05.2024 received from the respondent No.2, who is the mother of the victim girl aged about 17 years. 4. During the course of investigation, the petitioner and the victim girl were traced. The petitioner was arrested on 03.06.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner. His bail application filed before the Trial Court in Spl.C (POSCO) No.122/2024 was rejected on 24.09.2024. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that petitioner and the victim girl are in love. Victim girl has not made any allegations against the petitioner in her statement recorded under Section 164 of Cr.P.C. Petitioner has no other criminal antecedents. Accordingly, she prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition and he submits that victim is a minor and therefore, - 4 - NC: 2025:KHC:9000 CRL.P No. 13555 of 2024 alleged offences get attracted against the petitioner. Accordingly, prays to dismiss the petition. 7. In the first information dated 27.05.2024 submitted by the mother of the victim girl aged 17 years, she has stated that her daughter was found missing from their house on 24.05.2024 and efforts made to trace her had failed. Therefore, she had approached the police on 27.05.2024. 8. During the course of investigation, the petitioner and the victim girl were traced. The petitioner was arrested on 03.06.2024 and subsequently, remanded to judicial custody. The statement of the victim girl under Section 164 of Cr.P.C. was recorded on 10.06.2024. In the said statement, victim girl has stated that she was in love with the petitioner herein and on 24.05.2024, she had voluntarily left her house and had gone to the house of the petitioner and she had stayed there for one day. On 25.05.2024, they had gone out and purchased a Mangala sutra and toe rings and thereafter, they got married in a temple and they were staying in the house of the - 5 - NC: 2025:KHC:9000 CRL.P No. 13555 of 2024 petitioner's mother till the police brought them back to their village. She has stated that petitioner has not done any wrong and she has no complaint against him. 9. Perusal of the aforesaid statement of the victim girl recorded under Section 164 of Cr.P.C., goes to show that she has not made any allegations against the petitioner which would prima facie attract the alleged offences punishable under the POCSO Act. Petitioner aged about 25 years, having no other criminal antecedents is in custody from 03.06.2024. Investigation of the case is already completed. Under the circumstances, 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:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.53/2024 registered by Kolar Women Police Station, Kolar for the offences punishable under Sections - 6 - NC: 2025:KHC:9000 CRL.P No. 13555 of 2024 363, 376(N) 212 of IPC with Section 6 of POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006, 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. Sd/- (S VISHWAJITH SHETTY) JUDGE VS List No.: 1 Sl No.: 47 CT: BHK