- 1 - NC: 2025:KHC:8461 CRL.P No. 516 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 516 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: PRAVEEN NAYAK, S/O LATE NAGESH NAYAK, AGED 26 YEARS, KASABA HOBLI, R/AT LAMBANITHANDYA VILLAGE, CHANNAPATNA TALUK, RAMANAGARA DT. - 562 161. …PETITIONER (BY SRI. MANJUNATH B.R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHANNAPATNA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. VICTIM-GIRL, SINCE MINOR, REPRESENTED BY HER FATHER SRI. RAJU NAYKA S/O LATE ANNANAYKA, AGED ABOUT 40 YEARS R/AT LAMBANITANDYA VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGARA - 562 161. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8461 CRL.P No. 516 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.176/2023 (NOW IN SPL.CASE (POCSO) NO.92/2024) REGISTERED FOR THE OFFENCES PUNISHABLE 363, 344, 366 (a), 376(2)(n) OF IPC AND U/S 4(1), 5(l) AND 6 OF POCSO ACT 2012 OF CHENNAPATNA POLICE STATION, RAMANAGARA DISTRICT PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE AT RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record. 2. This petition is preferred under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.179/2023 of Channapatna Rural Police Station, Ramanagar, pending in Spl. Case (POCSO).No.92/2024 on the file of the Court of I Additional District and Sessions Judge at Ramanagar. 3. Charge sheet is filed against the petitioner for offences punishable under Section 363, 344, 366(A), - 3 - NC: 2025:KHC:8461 CRL.P No. 516 of 2025 376(2)(n) of IPC and Section 4(1), 5(l) and 6 of the POCSO Act, 2012. 4. In brief, the allegations are that on 26.06.2023, at about 09:30 a.m., the accused inducing the minor victim, kidnapped her in motor cycle bearing No.KA-42- EE-2979 belonging to CW.4 and took her to a lodge in Bidadi, wherein, he booked room No.308 and committed penetrative Sexual Assault on her. Thereafter, he took her to a farm house of one Vijay Kumar in Hosakote village, Sakaleshpura taluq and detained her in the said house. 5. Learned counsel for petitioner has contended that the victim and the petitioner were in love with each other, the victim herself accompanied the petitioner and though it is alleged that the petitioner confined her in the farm house for a period of 6 months, victim has not alleged that she was subjected to sexual assault by the petitioner in the said farm house. Drawing the attention of the Court to the medical examination report of the victim, he contended that as per the said report, there is no - 4 - NC: 2025:KHC:8461 CRL.P No. 516 of 2025 evidence suggesting sexual intercourse and therefore, submitted that the petitioner who is in judicial custody since 17.04.2024, may be enlarged on bail by imposing any conditions. 6. Learned Additional SPP has contended that the victim in her statement has categorically stated that the petitioner has committed forcible sexual intercourse with her. As per school records, victim's date of birth is 27.04.2007 and therefore, she was a minor as on the date of commission of offence. She has contended that if the petitioner is enlarged on bail, he may try to influence the victim and threaten her not to give evidence before the Trial Court. She has therefore, sought to dismiss the petition. 7. According to prosecution, the victim was kidnapped by the petitioner on 26.06.2023. In this regard, a complaint was lodged by her father, based on which initially, case was registered under Section 363 of IPC. After the victim was traced, her statement was - 5 - NC: 2025:KHC:8461 CRL.P No. 516 of 2025 recorded under Section 161 as well as Section 164 of Cr.P.C. She has stated that the petitioner has committed sexual intercourse with her in the lodge. Even though it is not alleged that she was subjected to sexual assault while she was with the petitioner in the farm house for about 7 months, the statement given under Section 164 of Cr.P.C., that she was subjected to penetrative sexual assault in the lodge, cannot be ignored. As per school records, her date of birth is 27.04.2007. Hence, at this stage, there is material to show that the victim was a minor as on the date of commission of the offence. The contention of the learned counsel that there was a love affair between the two and vicitm herself accompanied the petitioner and stayed with him for about 7 months and therefore, no offence was committed etc., cannot be accepted, since the victim is a minor. The victim’s evidence is yet to be recorded and therefore, as rightly contended by the learned Additional SPP, if petitioner is enlarged on bail, there are chances of influencing her. Hence, Petition is dismissed. - 6 - NC: 2025:KHC:8461 CRL.P No. 516 of 2025 8. Petitioner is at liberty to move the Sessions Court, after the evidence of the victim is recorded. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 44 CT: BHK