- 1 - NC: 2025:KHC:12510 CRL.P No. 14085 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14085 OF 2024 BETWEEN: SHRI. ANJI, S/O VENKATESHAPPA, AGED ABOUT 22 YEARS, R/AT MANCHAHALLI VILLAGE, BANGARPET TALUK, KOLAR DISTRICT - 563 117. …PETITIONER (BY SRI. RAJASHEKARA R V.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY BANGARPET POLICE, KOLAR DISTRICT - 563 117. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. XXX XXX, …RESPONDENTS (BY SRI.K.NAGESHWARAPPA., HCGP FOR R-2; NOTICE TO R-2 IS HELD SUFFICIENT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE HIM ON BAIL IN SPL.C.C.NO.14/2024 IN Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12510 CRL.P No. 14085 of 2024 CR.NO.258/2024 OF DEPUTY SUPERINTENDENT OF POLICE K.G.F KOLAR DISTRICT FOR THE ALLGED OFFENCE P/U/S 137(2), 65(1), 64(2) m OF BNS AND SEC.6,17 OF THE POCSO ACT 2012 (POCSO ACT FOR BREVITY) AND SEC.3(2)(v) OF SC/ST (POA) ACT PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE FTSC-1 (POCSO) AT KOLAR. 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.CC.No.14/2024 pending before the Court of Additional District and Sessions Judge and FTSC-I, Kolar, arising out of Crime No.258/2024 registered by Bangarpet Police Station, K.G.F, for offences punishable under Sections 137(2), 65(1), 64(2)(m) of BNS 2023 and Sections 6 and 17 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') and Section 3(2)(v) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act 1989 (for short 'SC/ST (POA) Act') is before this Court under Section 483 of BNSS, 2023 seeking regular bail. - 3 - NC: 2025:KHC:12510 CRL.P No. 14085 of 2024 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.258/2024 was registered by Bangarpet Police Station, K.G.F, against unknown persons initially for offence punishable under Section 137(2) of BNS Act, 2023 based on first information dated 18.07.2024 received from respondent No.2 who is the mother of victim girl aged about 14 years. 4. During the course of investigation of the case, the petitioner and the victim girl were traced together. Petitioner was arrested on 21.07.2024 and subsequently remanded to judicial custody. After completion of investigation, chargesheet has been filed against two persons. Petitioner is arraigned as accused No.1 in the chargesheet. Bail application filed by the petitioner before the Trial Court in Cr.No.258/2024 was rejected on 04th October, 2024. Therefore, petitioner is before this Court. - 4 - NC: 2025:KHC:12510 CRL.P No. 14085 of 2024 5. Learned Counsel for the petitioner having reiterated the grounds urged in this petition submits that petitioner aged about 22 years having no criminal antecedents is in custody for the last more than eight months. He submits that petitioner and the victim girl are in love and victim girl had voluntarily accompanied him and had stayed in his relative's house. 6. Per contra, learned HCGP who has opposed the petition, submits that material on record would go to show that petitioner had sexual intercourse with the victim girl who is a minor and therefore alleged offences get attracted against him. 7. FIR in the present case is submitted by the mother of the victim girl, after the victim girl who had studied up to 8th Standard and thereafter discontinued her studies was found missing from her house on 18.07.2024. Efforts made to trace her had failed and therefore, first informant had approached the police. - 5 - NC: 2025:KHC:12510 CRL.P No. 14085 of 2024 8. During the course of investigation of the case, petitioner and the victim girl were traced together and brought back to their village. Petitioner was arrested on 21.07.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and chargesheet has been filed. Statement of the victim girl under Section 164 of Cr.PC was recorded by the Jurisdictional Magistrate on 22.07.2024. Victim girl has stated that she had studied up to 8th standard and thereafter, discontinued her studies. She was acquainted with the petitioner and for the last six months they were in love with each other. 9. On 18.07.2024, her uncle who is arraigned as accused No.2, allegedly took her along with him to the railway station and subsequently petitioner also came to the railway station. She has stated that her uncle gave money to her and also to the petitioner and asked them to leave the village, since everybody in the village knew about their love affair. Thereafter, she travelled with - 6 - NC: 2025:KHC:12510 CRL.P No. 14085 of 2024 petitioner in a train to Malur and subsequently to Hosur and stayed in the house of petitioner's elder sister and subsequently they went to Magadi and stayed in the house of petitioner's relative for about two days. She has stated that when she so stayed with the petitioner, she had sexual intercourse with him. She has stated that subsequently police came to the place where she was along with the petitioner and brought them back to their village. She has not made any serious allegation against the petitioner. Investigation of the case is completed and chargesheet has been filed. Petitioner aged about 22 years having no criminal antecedents is in custody from 21.07.2024. 10. Allegation found in the chargesheet against the petitioner is required to be proved in a full fledged trial. The case before the Trial Court is said to be still at the stage of framing of charges. Prosecution in all has cited 31 chargesheet witnesses in the present case. Considering the aforesaid aspects of the matter, I am of the opinion - 7 - NC: 2025:KHC:12510 CRL.P No. 14085 of 2024 that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.CC.No.14/2024 pending before the Court of Additional District and Sessions Judge and FTSC-I, Kolar, arising out of Crime No.258/2024 registered by Bangarpet Police Station, K.G.F, for offences punishable under Sections 137(2), 65(1), 64(2)(m) of BNS 2023 and Sections 6 and 17 of the POCSO Act and Section 3(2)(v) of the SC/ST (POA) Act, 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 - 8 - NC: 2025:KHC:12510 CRL.P No. 14085 of 2024 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; 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 KVR List No.: 1 Sl No.: 58