- 1 - HC-KAR NC: 2025:KHC:27734 CRL.P No. 9474 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9474 OF 2025 BETWEEN: GOVINDA S/O BHEEMESHAPPA AGED ABOUT 22 YEARS R/AT NEAR MUTHURAYA TEMPLE KADABAGERE CROSS, BENGALURU - 560 091 PERMANENTLY RESIDING AT MALLADA GUDDA VILLAGE, MANVI TALUK RAICHUR DISTRICT - 584 123. …PETITIONER (BY SRI RENUKARADHYA R.D, ADV.) AND: 1. STATE OF KARNATAKA BY KAMAKHIPALYA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; R-2 SERVICE HELD SUFFICIENT V/O DTD:22.07.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER HIM ON BAIL IN SPL.C.NO.995/2025 PENDING ON THE FILE OF LEARNED ADDL.CITY CIVIL AND SESSIONS JUDGE, FTSC-V, BENGALURU THE CASE IS REGISTERED BY THE 1ST RESPONDENT KAMAKSHIPALYA POLICE IN CRIME NO.114/2025 FOR THE OFFENCES P/U/S 137(2) OF BNS, 2023 AND AFTER COMPLETION OF INVESTIGATION THE POLICE HAVE FILED A CHARGE SHEET FOR THE OFFENCES P/U/S 137(2), 64(2)(m) AND U/S 127 OF BNSS ACT, 2023 AND SECTION 6 OF Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27734 CRL.P No. 9474 of 2025 POCSO ACT, 2012 AND SECTION 9 OF PROHIBITION CHILD MARRIAGE ACT AND U/S 3(2)(v) OF SC/ST ACT AND THE CASE COMMITTED FOR TRIAL, BY ALLOWING THIS 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.No.995/2025 pending before the Court of Addl. District & Sessions Judge-FTSC-V, Bengaluru, arising out of Crime No.114/2025 registered by Kamakshipalya Police Station, Bengaluru City for the offence punishable under Sections 137(2), 64(2)(m) and & 127 of BNS, 2023, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 and Section 3(2)(V) of SC & ST (Prevention of Atrocities) Act, 1989 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP appearing for respondent No.1. - 3 - HC-KAR NC: 2025:KHC:27734 CRL.P No. 9474 of 2025 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.114/2025 was registered by Kamakshipalya Police Station, Bengaluru city against unknown person initially for the offence punishable under Section 137(2) of BNS, 2023, on the basis of first information dated 05.03.2025 received from respondent No.2 herein who is the father of the victim girl, aged about 16 years 8 months as on the said date. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner was arrested and produced before the jurisdictional Court on 22.03.2025 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences. 5. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.4538/2025 was dismissed on 23.06.2025. Therefore, he is before this Court. - 4 - HC-KAR NC: 2025:KHC:27734 CRL.P No. 9474 of 2025 6. Perusal of the material on record would go to show that, the victim girl was found missing from her house on 03.03.2025. Efforts made to trace her had failed. Therefore, her father had approached the police on 05.03.2025 and submitted a first information, based on which FIR was initially registered against unknown person. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner was arrested on 22.03.2025 and subsequently remanded to judicial custody. 7. The statement of the victim girl was recorded under Section 183 of BNS, 2023 by the jurisdictional Magistrate, wherein she has stated that she is acquainted to the petitioner for the last two years and they are in love with each other. After coming to know about the same, her parents had abused her. She has stated that she had left her house and had gone along with the petitioner to Pune and had got married and they had stayed together at Pune. Subsequently, they were traced and brought back - 5 - HC-KAR NC: 2025:KHC:27734 CRL.P No. 9474 of 2025 by the police. She has not made any allegation against the petitioner about he sexually assaulting her against her wishes. 8. Undisputedly, the petitioner has no criminal antecedents. He is aged about 22 years and is in custody from 22.03.2025. Continued detention of the petitioner amongst hardcore criminals would have adverse impact upon his career. Investigation in the case is completed and allegation found in the charge sheet against the petitioner is required to be proved in a full-fledged trial. 9. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:27734 CRL.P No. 9474 of 2025 The petitioner is directed to be enlarged on bail in Spl.C.No.995/2025 pending before the Court of Addl. District & Sessions Judge-FTSC-V, Bengaluru, arising out of Crime No.114/2025 registered by Kamakshipalya Police Station, Bengaluru City for the offences punishable under Sections 137(2), 64(2)(m) and & 127 of BNS, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 and Section 3(2)(V) of SC & ST (Prevention of Atrocities) Act, 1989 subject to the following conditions: a) The petitioner shall execute a 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; - 7 - HC-KAR NC: 2025:KHC:27734 CRL.P No. 9474 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) 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 NMS