- 1 - HC-KAR NC: 2025:KHC:37385 CRL.P No. 9495 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.9495 OF 2025 BETWEEN: NARAYANASWAMY S/O HONNURAPPA AGED ABOUT 23 YEARS, R/AT VARA HUNASENA HALLI VILLAGE SIDLAGHATTA TALUKA CHIKKABULAPURA DISTRICT. …PETITIONER (BY SRI. M. CHENNAKRISHNAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHINTHAMANI TOWN POLICE STATION, CHINTHAMANI - 563125 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001. 2. SANDYA G.S., W/O MANJUNATH SHETTY AGED ABOUT 38 YEARS, R/AT R.S.S., SONNASHETTIHALLI CHINTAMANI TOWN. …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37385 CRL.P No. 9495 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED ON BAIL AND RELEASE HIM FROM JUDICIAL CUSTODY PERTAINING TO CR.NO.121/2024 AND NUMBERED IN SPL.SC.NO.142/2024, PENDING ON THE FILE OF THE HON’BLE ADDITIONAL SESSIONS JUDGE, FTSC, CHIKKABALLAPURA, PERTAINING TO CHINTAMANI TOWN P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 343, 363, 366, 376(2)(n) OF IPC, UNDER SECTIONS 4(2), 6 OF POCSO ACT, 2012, UNDER SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Petitioner is seeking to enlarge him on bail in Crime No.121/2024 of Chintamani Town Police Station, pending in Spl.SC.No.142/2024 on the file of the Court of Additional Sessions Judge, Fast Track Special Court-I (POCSO), Chikkaballapura. 2. Charge sheet is filed against the petitioner for the offence punishable under Section 343, 363, 366, 376 (2)(n) of the Indian Penal Code and Section 4(2), 6 of the Protection of Children from Sexual offences Act, 2012 - 3 - HC-KAR NC: 2025:KHC:37385 CRL.P No. 9495 of 2025 (‘POCSO Act’ for short) and Section 9 of the Prohibition of Child Marriage Act, 2006. 3. It is the case of prosecution that the petitioner by inducing the minor girl (victim) aged about 15 years 5 months kidnapped her on 24.06.2024 and took her to Talakayala Betta and tied a turmeric thread around her neck in front of Lakshmi Venkataramana Swami Temple. Further, he confined her in the house of C.W.3 and C.W.4 at Bachiganahalli village till 28.06.2024 during which time, committed aggravated penetrative sexual assault on her. 4. The contention of the learned counsel that the petitioner is innocent and he has been falsely implicated in the case, cannot be accepted at this stage. Statement of the victim has been recorded during investigation by the Police as well as by the learned Magistrate under Section 183 of the BNSS, 2023, wherein she has narrated about the sexual act committed against her by the accused. Prosecution is relying on the SSLC Marks card and study certificate pertaining to the victim, wherein her date of - 4 - HC-KAR NC: 2025:KHC:37385 CRL.P No. 9495 of 2025 birth is mentioned as 15.01.2009. Hence, at this stage there is a prima facie case against the petitioner. 5. It is submitted that the petitioner is in judicial custody from 29.06.2024 and recording of the evidence of the victim is not yet completed. 6. Learned Sessions Judge shall complete the recording of the victim’s evidence expeditiously, keeping in view the relevant provisions of the POCSO Act, 2012. 7. With the above observations, the petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE RHS List No.: 1 Sl No.: 34