- 1 - HC-KAR NC: 2025:KHC:31147 CRL.P No. 9118 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9118 OF 2025 BETWEEN: MR. BHARATH AGED ABOUT 22 YEARS, S/O MANJUNATH, HAVING PERMANENT ADDRESS AT HARO HALLI VILLAGE, SASULU HOBLI, DODDABALLAPURA TALUK - 561 203, BENGALURU RURAL DISTRICT, R/A HANUMANTHAGOWDANAPALYA VILLAGE, NELMANGALA TALUK, BENGALURU - 560 061. …PETITIONER (BY SRI. PRAVEEN C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY WOMEN POLICE STATION, DODDABALLAPURA, BENGALURU - 561 203, REPRESENTED BY THE S.P.P., HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. ADILAKSHMI AGED ABOUT 35 YEARS, W/O LATE MARUTHI, RESIDENT AT MUTHURU VILLAGE, DODDABALLAPURA, BENGALURU - 561 203 …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R1; SERVICE OF NOTICE ON R2 IS HELD SUFFICIENT) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31147 CRL.P No. 9118 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.346/2025 (CR.NO.15/2025) FOR THE ALLEGED OFFENCE P/U/S 137(2) OF BNS AND SEC.4(1), 5(L), 5(n), 6 OF POCSO ACT ON THE COMPLAINT OF ADILAKSHMI NOW PENDING BEFORE THE COURT OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1 BENGALURU RURAL DISTRICT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 483 of the BNSS, 2023 to enlarge the petitioner on bail in Crime No.15/2025 registered at Women Police Station, Bengaluru District. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. A missing complaint was lodged by the victim's mother regarding missing of her minor daughter aged about 17 years 4 months, from 11:00 a.m. on 02.02.2025. On tracing the victim girl, her statement was recorded by the police as well as by the learned Magistrate. Her - 3 - HC-KAR NC: 2025:KHC:31147 CRL.P No. 9118 of 2025 medical examination was also conducted. Accused was arrested on 07.03.2025. On completion of investigation, charge sheet was filed against the accused/petitioner for the offence punishable under Section 137(2) of the BNS, 2023 read with Section 4(1), 5(l), 5(n) and 6 of the POCSO Act, 2012. 4. Case of the prosecution is that the victim girl, none other than petitioner's uncle's daughter, is aged about 17 years 4 months. Petitioner, in the guise of loving her, kidnapped her on 02.02.2025 and took her to Savadhatthi town in Belagavi District, wherein, both of them stayed in a room belonging to one Sri. Vitoba Mandira Trust. Further, during their stay, petitioner committed penetrative sexual assault on the victim. 5. Learned counsel for the petitioner has contended that the statement of the victim would suggest that it was a case of love affair and victim willingly accompanied the petitioner and stayed with him. He contended that the victim was not a minor as alleged by - 4 - HC-KAR NC: 2025:KHC:31147 CRL.P No. 9118 of 2025 the prosecution, the date of birth of the victim is based on unauthenticated documents and therefore, it cannot be relied upon. He contended that petitioner is a young boy and he is in judicial custody from 07.03.2025, investigation is completed and charge sheet is filed and therefore, by imposing any condition, he may be enlarged on bail. 6. Learned High Court Government Pleader has opposed the prayer for bail contending that the victim is a minor as per the age certificate furnished by the school where she studies and in view of the statement of the victim and the medical documents, there is a prima-facie case against the petitioner. He contended that if the petitioner is enlarged on bail, there is likelihood of tampering the victim and other prosecution witnesses, who are closely related to the victim. He therefore, sought to dismiss the petition. 7. The missing complaint is lodged by the victim's mother, which goes to show that the victim was missing - 5 - HC-KAR NC: 2025:KHC:31147 CRL.P No. 9118 of 2025 from her house from 02.02.2025. She was secured on 06.03.2025. 8. I have perused victim's statement recorded by the police as well as by the learned Magistrate. Perusal of the same goes to show that there is a prima-facie case against the petitioner. Further, as per school records, date of birth of the victim is 10.09.2007. Hence, at this stage, there is material to show that the victim was a minor as on the date of the offence. 9. In this case, charge sheet is already filed and it is submitted that the charges are also framed. If at this stage, petitioner is enlarged on bail, there is likelihood of tampering the victim. Hence, reserving liberty to the petitioner to file a fresh petition after completion of evidence of the victim girl, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 20