- 1 - NC: 2025:KHC:14004 CRL.P No. 55 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 55 OF 2025 BETWEEN: SRI. ROHIT, S/O VENKATESHMURTHY, AGED ABOUT 23 YEARS, R/A ARAHALLI VILLAGE, KASABA HOBLI, KOLAR TALUK - 563 101. …PETITIONER (BY SRI. NANJUNDA GOWDA M.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY KOLAR WOMEN POLICE STATION, KOLAR, REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU - 560 001. 2. XXXX …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; R2 - SERVICE, HELD SUFFICIENT) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14004 CRL.P No. 55 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN SPL.C.NO.136/2024 WHICH IS PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1 (POCSO) KOLAR (IN CR.NO.60/2024) OF KOLAR WOMEN P.S) FOR THE OFFENCE P/U/S 363, 376(2)(n), 506 OF IPC AND SEC.6 OF POCSO AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006. 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 (P) No.136/2024 pending before the Court of Addl. District and Sessions Judge, Fast Track Special Court -I (POCSO), Kolar, arising out of Crime No.60/2024 registered by Kolar Women Police Station, Kolar, for the offences punishable under Sections 363, 376(2)(n), 506 of IPC, Section 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006, is before this Court under Section 439 of Cr.P.C., seeking regular bail. - 3 - NC: 2025:KHC:14004 CRL.P No. 55 of 2025 2. Heard the learned Counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 has been served in the matter but has remained unrepresented. 3. FIR in Crime No.60/2024 was registered by the Kolar Women Police Station, Kolar, against unknown persons initially for the offence punishable under Section 363 of IPC based on the first information dated 19.06.2024 received from respondent No.2 who is the mother of the victim girl aged about 17 years. During the course of investigation, the petitioner and victim girl were traced. The petitioner who was arrested on 11.07.2024 was subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against four accused persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the trial Court in Spl.C(P) No.136/2024 was rejected on 27.09.2024. Therefore, he is before this court. - 4 - NC: 2025:KHC:14004 CRL.P No. 55 of 2025 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, prayed to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that victim girl was found missing from her house on 17.06.2024 and efforts made to trace the victim girl who was studying II year PUC had failed. Therefore, on 19.06.2024 her mother had approached the police and based on her first information, FIR was initially registered against unknown persons for offence under Section 363 of IPC. During the course of investigation, petitioner and victim girl were traced together. Petitioner who was arrested on 11.07.2024 is in custody ever since then. The Statement of the victim girl under Section 164 of Cr.P.C. was recorded by the jurisdictional Magistrate on 25.06.2024. In the said statement, the victim girl has stated that petitioner had taken her along with him to - 5 - NC: 2025:KHC:14004 CRL.P No. 55 of 2025 Bangalore and thereafter, they had gone to Bangarpete and from Bangarpete, they had gone to the petitioner's house at Tekal. She has alleged that petitioner threatened to commit suicide and compelled her to marry him. On 19.06.2024, petitioner's mother and uncle had brought her back to her house. She has not made any allegation in her statement under Section 164 of Cr.P.C., which would prima facie attract the offence punishable under Section 6 of the POCSO Act or the offence punishable under Section 376 of IPC against the petitioner. Petitioner who is aged about 23 years having no other criminal antecedents is in custody for the last more than eight months. Considering the aforesaid aspects of the matter, I am of the opinion that the petitioner's prayer for grant of regular bail is required to be answered in the affirmative. 7. Accordingly, the following: - 6 - NC: 2025:KHC:14004 CRL.P No. 55 of 2025 ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.60/2024 registered by Kolar Women Police Station, Kolar, for the offences punishable under Sections 363, 376(2)(n), 506 of IPC, Section 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006, subject to the following conditions: a) 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; - 7 - NC: 2025:KHC:14004 CRL.P No. 55 of 2025 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 YN List No.: 1 Sl No.: 30 CT: BHK