- 1 - HC-KAR NC: 2025:KHC:39875 CRL.P No. 12768 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12768 OF 2025 BETWEEN: 1. SRI. MADAN KUMAR S/O MUNISWAMY, AGED ABOUT 20 YEARS, R/AT NO. 2, CHANNENA AGRAHARA, SAMANDUR POST, ANEKAL TALUK, BENGALURU DISTRICT-562 106. …PETITIONER (BY SRI. RUDRAPPA P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ANEKAL POLICE STATION, ANEKAL TALUK, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. 2. SMT. GANGAMMA W/O NAGARAJU, AGED ABOUT 35 YEARS, R/AT GOWRENAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 560 083. …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39875 CRL.P No. 12768 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.208/2025 UNDER SECTIONS 137(2), 75(1) AND 351(2) OF BNS AND SECTIONS 8 AND 12 OF POCSO ACT. REGISTERED BY ANEKAL POLICE STATION, ANEKAL TALUK, BENGALURU RURAL DISTRICT. 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 sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 seeking grant of bail in Crime No.208/2025 of Anekal Police Station registered for offence punishable under Sections 137(2), 75(1) and 351(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of POCSO Act. 2. Heard the learned counsel for petitioner, learned Additional Special Public Prosecutor for respondent - 3 - HC-KAR NC: 2025:KHC:39875 CRL.P No. 12768 of 2025 No.1 - State and respondent No.2, who is physically present before this Court. 3. Respondent No.2 who is present before this Court prays not to enlarge the petitioner on bail. 4. Learned counsel for petitioner would contend that, there is a love affair between the petitioner and the victim girl. The victim girl is a first year B.Com., student and that itself indicate that, she is not a child. There is no allegation by the victim regarding sexual harassment by the petitioner. The major portion of the investigation is completed and the petitioner is not required for custodial interrogation. The petitioner is in custody since 21.07.2025 and he is aged 20 years. If he is kept in prison, he will come in contact with the criminals in prison. With these, he prayed to allow the petition. 5. Per contra, learned Additional Special Public Prosecutor would contend that, serious offence is alleged against the petitioner of sexual assault on victim child. - 4 - HC-KAR NC: 2025:KHC:39875 CRL.P No. 12768 of 2025 The investigation is in progress and she was aged 17 years seven months as on the date of complaint. With these, she prayed for rejection of the petition. 6. Having heard the learned counsel appearing for the parties, this Court has perused the FIR and other materials placed on record. 7. The Additional Special Public Prosecutor has produced the investigation papers containing statement of victim recorded under Section 164 of Code of Criminal Procedure. 8. Respondent No.2 - mother of the victim girl has filed a missing compliant on 18.07.2025 and on that basis, a case came to be registered in Crime No.208/2025 of Anekal Police Station for offence under Section 137(2) of Bharatiya Nyaya Sanhita. 9. During the course of investigation, the victim has been secured and her statement has been recorded. The petitioner has been arrested on 21.07.2025 based on - 5 - HC-KAR NC: 2025:KHC:39875 CRL.P No. 12768 of 2025 the statement of victim, the requisition has been filed for adding offences under Sections 75(1), 351(2) of Bharatiya Nyaya Sanhita and Sections 8 and 12 of POCSO Act. Investigation records made available by the Additional Special Public Prosecutor indicate that, statement of victim under Section 164 of Cr.PC. has been recorded. A perusal of the said statement of victim clearly indicates that the victim was in love affair with the petitioner and she voluntarily went along with him. The victim has not alleged any sexual assault by the petitioner in her statement. The victim is aged 17 years 07 months and she is of the age of understanding the consequences of her acts. 10. Considering the above aspects, the petitioner has made out a case for grant of bail. In the result, I pass the following: ORDER This Criminal Petition is allowed. The petitioner is granted bail in Crime No.208/2025 of Anekal Police Station - 6 - HC-KAR NC: 2025:KHC:39875 CRL.P No. 12768 of 2025 for offences punishable under Sections 137(2), 75(1) and 351(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of POCSO Act and is ordered to be released on bail in the event his arrest, subject to following conditions: i) The petitioner 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 Jurisdictional Court. ii) The petitioner shall not threaten the victim and other prosecution witnesses. iii) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 33