- 1 - HC-KAR NC: 2025:KHC:27737 CRL.P No. 9219 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. 9219 OF 2025 BETWEEN: S. LINGARAJU S/O. SIDDHARAMAPPA, AGED ABOUT 21 YEARS, RESIDENT NO.78, 1ST CROSS, BHUVANESHWARINAGAR, HEBBAL, H.A. FARM, BENGALURU-560024. …PETITIONER (BY SRI. SHANTARADDI SOMARADDI MULIMANI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA KENGERI POLICE STATION, REP. BY GOVT PLEADER HIGH COURT OF KARNATAKA, AT BENGALURU- 560001. 2. xxx …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1; NOTICE TO R2 IS H/S V/O DATED 22.07.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS), PRAYING TO ALLOW THE ABOVE PETITION AND GRANT THE REGULAR BAIL TO THE ABOVE PETITIONER IN CR.NO.201/2025 PENDING BEFORE THE CITY CIVIL AND SESSIONS JUDGE, FTSC-V AND ETC. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27737 CRL.P No. 9219 of 2025 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 Cr.No.201/2025 registered by Kengeri police, Bengaluru for the offences punishable under Sections 137(2), 64(2)(m) of BNS, 2023 and Section 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Though notice is served on respondent No.2, she has remained unrepresented before the Court. 3. First Information Report in Cr.No.201/2025 was registered by Kengeri Police initially for the offence punishable under Sections 137(2) of BNS, 2023, against unknown person, based on the first information received from respondent No.2, who is the aunt of the victim girl, aged about 17 years. During - 3 - HC-KAR NC: 2025:KHC:27737 CRL.P No. 9219 of 2025 the investigation, the petitioner and victim girl were traced and the petitioner was arrested on 07.05.2025 and subsequently remanded to judicial custody. After completion of investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.4213/2025 was rejected on 31.05.2025, therefore the petitioner is before this Court. 4. The material on record would go to show that the victim girl who is aged about 17 years was found missing from her house on 18.03.2025. The efforts made to trace her had failed. Therefore, on 06.05.2025 her aunt had approached the police. Based on her first information, FIR was registered against unknown person for the offence punishable under Section 137(2) BNS, 2023. Thereafter, the petitioner and the victim girl were traced together and the petitioner was arrested on 07.05.2025 and remanded to judicial custody. The investigation of the case is completed and charge sheet has been filed. 5. A reading of the first information would go to show that the victim girl was earlier found missing in the month of - 4 - HC-KAR NC: 2025:KHC:27737 CRL.P No. 9219 of 2025 October, 2024 and a missing complaint was earlier registered in Cr.No.506/2024 for the offence punishable under Section 137(2) of BNS, 2023. Subsequently the victim girl was traced and she had informed that she had gone to her maternal aunt house. In the present case, the victim girl was found missing on 18.03.2025 and same was informed by the aunt of the victim girl to the complainant (maternal aunt of victim girl) and therefore, present FIR was registered. 6. During the course of investigation, petitioner and victim girl were traced and the statement of victim girl under Section 183 of BNSS, 2023 was recorded in the present case by jurisdictional Magistrate. In the said statement, the victim girl has stated that she was in love with the petitioner for the last three years. After her parents came to know about the same, they had assaulted the petitioner. Therefore, she had left her house and traveled with him and subsequently they both got married. She has not made any serious allegations against him about he committing any kind of sexual assault, when she was staying with him. The petitioner is aged about 21 years and has no criminal antecedents. He is in custody for the last two - 5 - HC-KAR NC: 2025:KHC:27737 CRL.P No. 9219 of 2025 months. Investigation of the case is already completed and charge sheet has been already filed. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of bail is to be answered in the affirmative. 7. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Cr.No.201/2025 pending before the City Civil and Sessions Judge, Bengaluru, registered by Kengeri police, Bengaluru, for the offences punishable under Sections Sections 137(2), 64(2)(m) of BNS, 2023 and 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; - 6 - HC-KAR NC: 2025:KHC:27737 CRL.P No. 9219 of 2025 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 HJ List No.: 1 Sl No.: 63