- 1 - NC: 2025:KHC:9137 CRL.P No. 14282 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14282 OF 2024 BETWEEN: SANJAY LATE CHINNAIAH AGED 18 YEARS R/O.152, HENRIS 1ST LINE MISISONARY BLACK, CORAMANDAL POST, KGF 563118 …PETITIONER (BY MISS ANANYA RAI, ADV. FOR SRI. MURUGESH V CHARATI., ADVOCATE) AND: 1. STATE OF KARNATAKA BY OORIGAUM POLICE STATION REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNTAKA DR AMBEDKAR STREET, BENGALURU-56001. 2. XXX …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP; NOTICE TO R-2 HELD SUFFICIENT V/O. DATED 04.03.2025) Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9137 CRL.P No. 14282 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE PROCEEDINGS INSTITUTED IN CR.NO.39/2024 BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC I (POCSO) KOLAR FOR COMMISSION OF OFFENCE PUNISHABLE UNDER SECTION 64(1) OF BNSS, 2023 AND SECTION 4 OF POCSO ACT 2012. 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 Special Case (POCSO) No.174/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I (POCSO) at Kolar arising out of Crime No.39/2024 registered by the Oorgaum Police Station, KGF for the offences punishable under Section 64(1) BNSS Act, 2023 and Section 4 of the Protection of Children from sexual Offences Act, 2012 (for short, ‘POCSO Act’) is before this Court under Section 483 of BNSS Act, 2023, seeking regular bail. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent - 3 - NC: 2025:KHC:9137 CRL.P No. 14282 of 2024 No.1. Respondent No.2 is served in the matter and remained unrepresented before this Court. 3. FIR in Crime No.39/2024 is registered by the Oorgaum Police Station, KGF against the petitioner herein for the aforesaid offences based on the first information dated 30.07.2024 received from the victim girl aged 16 years. 4. During the course of investigation, the petitioner herein was arrested on 30.07.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against him for the aforesaid offence. 5. The bail application filed by the petitioner before the Trial Court was rejected. Therefore, he is before this Court. 6. Learned counsel for the petitioner submits that the material on record would go to show that petitioner - 4 - NC: 2025:KHC:9137 CRL.P No. 14282 of 2024 and the victim girl are in love. The medical records of the victim do not support the allegation made against the petitioner. The petitioner aged about 19 years, has no other criminal antecedents. Accordingly, he prays to allow the petition. 7. Per contra, learned High Court Government Pleader opposed the petition and he submits that the victim is a minor and she made an allegation that the petitioner had sexual intercourse with her against her wishes. Accordingly, he prays to dismiss the petition. 8. Perusal of the material on record would go to show that petitioner and the victim are acquainted to each other and they were in love. The victim girl in her statement recorded under Section 183 of BNSS, 2023 on 03.08.2024 has admitted her relationship with the petitioner and she has stated that she was speaking to him over phone and she had gone out with him to park earlier. She has stated that on 28.07.2024 at about 03.30 - 5 - NC: 2025:KHC:9137 CRL.P No. 14282 of 2024 p.m., petitioner had taken her to a park and in the said park he had touched her inappropriately and thereafter undressed her and had forcible sexual intercourse with her in spite of she resisting the same. Subsequently, she had revealed the said act committed by the petitioner to her mother and therefore on 30.07.2024 she along with her mother had gone to the police station and submitted a first information, based on which, FIR was registered against the petitioner. On 30.07.2024 itself victim girl was subjected to medical examination and in the medical report of the victim girl, it is opined that there was no signs suggestive of sexual intercourse. 9. The petitioner aged about 19 years has no other criminal antecedents and he is in custody from 31.07.2024. Investigation of the case is completed and charge sheet is filed. Continued detention of petitioner in custody along with the hardcore criminals is likely to have an adverse impact on his future prospects and careers. Under the circumstances, I am of the view that, without - 6 - NC: 2025:KHC:9137 CRL.P No. 14282 of 2024 expressing any opinion on the merits or demerits of the case, the petitioner’s prayer for grant of regular bail needs to be answered affirmatively. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Special Case (POCSO) No.174/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-I (POCSO) at Kolar, arising out of Crime No.39/2024 registered by Oorgaum Police Station, KGF, for the offences punishable under Section 64(1) BNSS Act, 2023 and Section 4 of the Protection of Children from sexual Offences Act, 2012, 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; - 7 - NC: 2025:KHC:9137 CRL.P No. 14282 of 2024 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; 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 NC List No.: 1 Sl No.: 54