- 1 - HC-KAR NC: 2025:KHC:31675 CRL.P No. 10301 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10301 OF 2025 BETWEEN: SRINATHA N S/O NARAYANASWAMY AGED ABOUT 28 YEARS, R/AT NARASAPURA VILLAGE, KASABA HOBLI, GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT-561209 …PETITIONER (BY SRI BHASKAR GOWDA N M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BENGALURU DISTRICT WOMEN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560001 2. SMT MANJULA W/O NAGESH AGED ABOUT 38 YEARS R/AT HANUMANTHAYANNA PALYA VILLAGE, SASULU HBLI, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT …RESPONDENTS (BY SRI K.NAGESWARAPPA, ADVOCATE FOR R1; SRI NARENDRA BABU.H.L., ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31675 CRL.P No. 10301 of 2025 THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL. CC. NO.382/2025 IN CR.NO.58/2025 REGISTERED BY THE BENGALURU DISTRICT WOMEN POLICE, FOR THE OFFENCES P/U/S 4(1),5(1)(n), 6 OF THE POCSO ACT, U/S 67(B) OF THE I.T ACT, PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, 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 Heard the learned counsel for the petitioner, learned HCGP for the State and the learned counsel appearing for Respondent No.2/defecto complainant. 2. Perused the material on record. 3. This petition is preferred by accused No.2 in Crime No.58/2025 of Bengaluru District Women Police Station, to enlarge him on bail. - 3 - HC-KAR NC: 2025:KHC:31675 CRL.P No. 10301 of 2025 4. FIR is registered on a complaint lodged by the second respondent, mother of the victim, against accused Nos.1 and 2 for the offence punishable under Sections 4(1), 5(L), 5(n) and 6 of the POCSO Act, 2012 and Section 67B of the Information Technology Act, 2008. 5. The complaint averments would disclose that the victim girl, aged about 17 years 9 months is complainant's daughter. Her marriage was fixed with the petitioner and it was decided that once she attains the age of 18, her marriage would be performed with the petitioner. It is alleged that on 21.03.2025, petitioner came to the house of the complainant and requested her to send her daughter to his house, as his mother was alone. Therefore, the complainant sent her minor daughter as well as her another daughter to his house. Thereafter, on 25.01.2025, petitioner came and informed the complainant that he has received a video clip, wherein accused No.1, complainant's husband's nephew having intimacy with the victim girl and therefore, refused to - 4 - HC-KAR NC: 2025:KHC:31675 CRL.P No. 10301 of 2025 marry her. It is further alleged that when the complainant enquired with her daughter, she revealed to her about accused No.1 having forcible sexual intercourse with her and recorded the act in his mobile phone and further informed her that on 22.03.2025 and 23.03.2025, even the petitioner has committed sexual intercourse with her. 6. Learned counsel for the petitioner has contended that since the petitioner refused to marry complainant's daughter, he has been falsely implicated in the case, arraigning him as accused No.2. He contended that the allegation of recording the video while having sexual intercourse is not against the petitioner. The family members of the petitioner and the victim have decided to perform the marriage of the victim with the petitioner after she attains the age of majority. Hence, by imposing any conditions, petitioner may be enlarged on bail. 7. The learned HCGP has contended that if the petitioner is enlarged on bail, he may tamper with the prosecution witnesses and sought to dismiss the petition. - 5 - HC-KAR NC: 2025:KHC:31675 CRL.P No. 10301 of 2025 8. According to prosecution, victim's date of birth is 20.06.2007 and she was aged about 17 years 9 months at the time of incident. However, there is no authentic document such as SSLC marks-card, birth certificate or school records placed on record. Learned counsel for the petitioner has disputed the age of the victim and contended that the victim was not a minor at the time of alleged incident. 9. Learned counsel appearing for Respondent No.2 submits that since both the families have agreed to perform the marriage of the victim with the petitioner and since she has attained majority now, Respondent No.2 has no objection to allow the petition. 10. The prosecution has to establish its case against the petitioner in a full-fledged trial. Investigation is completed and charge-sheet is filed. Petitioner is in custody since 27.03.2025. His further detention in custody may not be necessary, in the facts and circumstances of - 6 - HC-KAR NC: 2025:KHC:31675 CRL.P No. 10301 of 2025 the case. Hence, without expressing any view on the merits of the case, by imposing conditions, relief sought in the petition can be granted. Accordingly, the following: ORDER Petition is allowed. Petitioner/Accused No.2 is directed to be enlarged on bail in Spl.C.C.No.382/2025 pending before the Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru (Crime No.58/2025 of Bengaluru District Women Police Station), subject to following conditions: i) He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like-sum to the satisfaction of the Jurisdictional Court. ii) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 7 - HC-KAR NC: 2025:KHC:31675 CRL.P No. 10301 of 2025 iii) He shall not directly or indirectly tamper with the prosecution witnesses. iv) He shall not indulge himself in committing any offence. v) He shall appear before the Trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DH List No.: 1 Sl No.: 37