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2025 DAILYLAW 74423 (KAR)

RAVI P v. THE STATE OF

CRL.P/13913/2025 · 2025-11-05

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44635 CRL.P No. 13913 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13913 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. RAVI P S/O LATE PRAKASH AGED ABOUT 25 YEARS R/AT BUDIGERE VILLAGE MASEEDI ROAD CHANNARAYAPATNA HOBLI DEVANHALLI TALUK BENGALURU RURAL DISTRICT – 562 129. …PETITIONER (BY SRI VINEETH J JAIN, ADVOCATE SRI BYRESH G, ADVOCATE) AND: 1. THE STATE OF KARNATAKATA BY CHANNRAYAPATNA POLICE STATION BENGALURU – 562 135. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. 2. ANANTHARAJU S/O LATE KRISHNAPPA AGED ABOUT 41 YEARS R/AT: BUDIGERE VILLAGE MASEEDI ROAD, CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44635 CRL.P No. 13913 of 2025 BENGALURU RURAL DISTRICT – 562 129. …RESPONDENTS (BY SMT. B PUSHPALATHA, ADDL. SPP FOR R1 R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND TO GRANT BAIL IN CR.No.113/2025, REGISTERED BY THE RESPONDENT CHANNARAYAPATTANA P.S. BENGALURU RURAL DISTRICT FOR THE OFFENCE P/U/S 137(2) OF BNS AND SEC.8,12 OF POCSO ACT AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006 PENDING ON THE FILE OF HON’BLE FTSC-1 BENGALURU RURAL DISTRICT IMPOSING ANY CONDITIONS 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 SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner –accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.113/2025 of Channaraypatna Police Station registered for offences punishable under Sections 137(2) of BNS, Section 8 and 12 of Protection of Children from Sexual Offenses Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006. - 3 - HC-KAR NC: 2025:KHC:44635 CRL.P No. 13913 of 2025 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent No.1 -State. Inspite of service of notice, respondent No.2 remained absent and unrepresented. 3. Learned counsel for the petitioner would contend that there is a love affair between petitioner and the victim girl. The father of the victim girl has intended to separate them and in order to do it, he has filed a false complaint against the petitioner. The victim girl was secured on the same day. The petitioner is not involved in commission of any offence as alleged. The petitioner is in judicial custody since 04.09.2025 and therefore, he is not required for custodial interrogation. The petitioner is ready to co-operate with the police in further investigation and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for the respondent No.1 –State would contend that the victim girl in her statement recorded under Section 183 of BNSS has - 4 - HC-KAR NC: 2025:KHC:44635 CRL.P No. 13913 of 2025 specifically stated the acts of this petitioner, kidnapping her and taking her to a temple and tying arishina kombu to her neck and married her. The investigation is in progress. With this, she prayed to reject the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. The father of the victim girl has filed a first information regarding kidnap of the victim girl by this petitioner in a car with the help of two others and based on that a case has been registered in Crime No.113/2025 for offence punishable under Section 137(2) of BNS. The victim girl has been secured subsequently on the same day and her statement has been recorded. The Investigating Officer has filed requisition to include offence under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006. The statement of the victim girl has also been recorded. In the statement, the victim girl - 5 - HC-KAR NC: 2025:KHC:44635 CRL.P No. 13913 of 2025 has stated that she and petitioner are in love affair and she had told the petitioner that she has not yet completed 18 years and they will marry after she attaining 18 years. There is no allegation of this petitioner committing any sexual intercourse on the victim girl. The offences alleged against petitioner are not punishable either with death or imprisonment for life. The petitioner is in judicial custody since 04.09.2025. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out grounds for grant of bail with conditions; 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.113/2025 of Channaraypatna Police Station subject to following conditions; a) The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with - 6 - HC-KAR NC: 2025:KHC:44635 CRL.P No. 13913 of 2025 one surety for the like sum to the satisfaction of the jurisdictional Court. b) The petitioner –accused No.1 shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner –accused No.1 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 16 Ct.sm