- 1 - HC-KAR NC: 2025:KHC:30289 CRL.A No. 1101 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1101 OF 2025 (U/S 14(A)(2)) BETWEEN: SRI SAGAR KUMAR S/O RAMESH BABU AGED ABOUT 21 YEARS R/O YACCHANAHALLI VILLAGE MULBAGAL TALUK KOLAR DISTRICT 563 131 …APPELLANT (BY SRI. NANJUNDA GOWDA M R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MULBAGAL RURAL POLICE STATION, KOLAR REP. BY STATE PUBLIC PROSECUTOR BENGALURU – 560 001 2. SRI. MUNIRATHNAM S/O CHANDRAPPA AGED ABOUT 40 YEARS R/O KURUMAKANAPALLI VILLAGE PALAMANERU MANDALAM CHITTOOR DISTRICT ANDHRA PRADESH – 517 001 …RESPONDENTS (BY SMT.RASHMI PATEL, HCGP; R2 SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDERS PASSED ON 08.04.2025 IN SPL.S.C. IPC AND S.C/S.T. NO.4/2025 ON THE FILE OF THE ADDL. DIST. AND SESSIONS JUDGE, FTSC-I (POCSO) AT KOLAR AND ALLOW THE APPEAL AND RELEASE THE APPELLANT ON REGULAR BAIL IN CRIME NO.293/2024, MULBAGAL RURAL P.S., FOR THE OFFENCE P/U/S 137(2) AND 64 OF BNS, 2023, SEC. 6 OF POCSO ACT, 2012 AND SEC. 3(1)(w)(i)(ii), 3(2)(v) OF SC / ST (POA) ACT, 1989. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30289 CRL.A No. 1101 of 2025 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. This appeal is filed seeking to set aside the order dated 08.04.2025 passed in Spl.S.C. IPC & SC/ST No.4/2025 by the Addl. District and Sessions Judge, FTSC – I (POCSO), Kolar and release the appellant on regular bail in Cr.No.293/2024 registered by the Mulbagal Rural police station for the offences punishable under Sections 137(2) and 64 of Bharatiya Nyaya Sanhita, 2023, Section 6 of POCSO Act, 2012 and Sections 3(1) (w) (i) (ii) and 3 (2) (v) of SC/ST (POA), Act, 1989. 2. The ranks of the parties henceforth will be considered as per their rankings before the Trial Court, for convenience. Factual matrix of the case: 3. The case of the prosecution is that Sri. Munirathnam C who is the complainant, lodged a complaint stating that on 12.12.2024 at about 7.00 pm, he had received an information regarding his daughter that she had informed her grandparents that she would go to mulabagilu and she would return back. However, she did not return on - 3 - HC-KAR NC: 2025:KHC:30289 CRL.A No. 1101 of 2025 that day. Having received the said information, the complainant and his family members have started searching her and also suspecting that the accused viz., Sagar Kumar S/o Subramanya might have taken his daughter to somewhere else. In that context, a complaint came to be registered against the accused. 4. After having received the complaint, the respondent police registered a case in Cr.No.293/2024 against the accused for the aforesaid offences. After completion of investigation, the charge sheet was submitted. 5. Heard Sri. Nanjunda Gowda M.R., learned counsel for the appellant and Smt. Rashmi Patel, learned HCGP for respondent No.1-State. 6. It is the submission of the learned counsel for the appellant that the accused and the victim were loving each other and the accused was not aware about the actual age of the victim. In fact, he was instructed that she had completed eighteen years and requested him to take her along with him for marriage. Accordingly, both of them had been to Bangalore and stayed in Mathikere in - 4 - HC-KAR NC: 2025:KHC:30289 CRL.A No. 1101 of 2025 the house of C.W.7 till 18.12.2024. Thereafter, they were traced by the respondent - police. 7. It is further submitted that the allegations made against the accused is baseless and bald. In fact, the accused is aged about 21 years and he will abide by the conditions which may be imposed by this Court in the event of his release on bail. 8. Per contra, the learned High Court Government Pleader for respondent - State vehemently justified the filing of the charge sheet against the accused and it is further submitted that there are concrete materials available to demonstrate that the accused with an intention to commit sexual assault against the victim, he took her to Bangalore and stayed there for seven days and committed sexual assault every day which has been proved through the medical evidence. Therefore, it is not appropriate to grant him bail. 9. Having considered the learned counsel for the respective parties and perused the materials available on record, it appears from the record that the victim was staying along - 5 - HC-KAR NC: 2025:KHC:30289 CRL.A No. 1101 of 2025 with her grandparents. She eloped along with the accused and stayed there for seven days at Bangalore and thereafter, they have been traced by the respondent - police. 10. It is the submission of learned counsel for the appellant that the appellant was not aware about the actual age of the victim and in fact, he was told that she completed eighteen years. The said aspect appears to be appropriate at this stage, for the reason that the victim is aged about 17 years as on the date of alleged incident. Having considered the age of the victim, it is appropriate to grant him bail by imposing suitable conditions. 11. In the light of the above, I proceed to pass the following: ORDER i) The criminal appeal is allowed. ii) The order dated 08.04.2025 passed in Spl.S.C. IPC & SC/ST No.4/2025 by the Addl. District and Sessions Judge, FTSC – I (POCSO), Kolar is set aside. - 6 - HC-KAR NC: 2025:KHC:30289 CRL.A No. 1101 of 2025 iii) The appellant/accused is released on bail in Cr.No.293/2024 registered by the respondent - police for the aforesaid offences, subject to following conditions: (a) The accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (b) The accused shall not threaten the prosecution witnesses and also not hamper the proceedings of the Court. (d) The accused shall not commit similar offences. (e) The accused shall appear before the Trial Court on all dates of hearing. In case, if the accused violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE JS, List No.: 1 Sl No.: 3