- 1 - HC-KAR NC: 2025:KHC:31327 CRL.P No. 9105 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.9105 OF 2025 BETWEEN: SRI. CHARAN @ OIL S/O NARAYANASWAMY AGED ABOUT 22 YEARS R/O CHIKKAHOSSAHALLI VILLAGE, NELLAHALLI POST BANGERPET TALUK - 563114 …PETITIONER (BY SRI. SRINATHA B.V., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CIRCLE INSPECTION OF BETHAMANGALA CIRCLE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560001. 2. SRI ADEPPA (FATHER OF THE VICTIMS) S/O GOVINDAPPA AGED ABOUT 36 YEARS, PEDDA BHARANIPALLI VILLAGE, V KOTE, MANDAL, CHITTOOR ANDRA PRADESH-517001 …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1; R2 - SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31327 CRL.P No. 9105 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE REGULAR BAIL IN SPECIAL CASE (POCSO) 31/2025 IN (CRIME NO.29/2025 REGISTERED BY THE BETHAMANGALA POLICE, FOR OFFENCES PUNISHABLE UNDER SECTION 37(2), 64 OF BNS AND SECTION 4 OF POCSO ACT SECTION 9 OF CHILD MARRIAGE RESTRAINT ACT WHICH IS PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT KOLAR. 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 charge sheeted for the offences punishable under Section 137(2), 64 of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred as ‘BNS 2023’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as POCSO Act) and Section 9 of Child Marriage Restraint Act (repealed). 2. Heard both sides and perused the material on record. 3. Petitioner was arrested on 27.02.2025. His petition seeking bail has been dismissed by the learned Sessions Judge in Special Case (POCSO) No.31/2025 vide - 3 - HC-KAR NC: 2025:KHC:31327 CRL.P No. 9105 of 2025 order dated 13.05.2025. It is alleged that on 25.02.2025 at about 4.00 p.m., petitioner went near the college of the minor victim girl on his motorcycle bearing registration number KA 08-K-1876 and took her to one Sri Venkateswara Swamy temple in Gattahalli (Bangaru Tirupati), married her by tying a turmeric thread to her and then took her to Chikkahosahalli village and from there to Chavaramangala village wherein, stayed with her in the house of C.W.14 and on 26.02.2025 at about 3.00 p.m., committed sexual assault on the victim and thereby committed the charge sheeted offences. 4. The victim's statement has been recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which reveals that the victim as well as the petitioner were in love with each other and the victim willingly accompanied him and gave consent for the marriage. 5. It is contended by the learned HCGP that the victim was a minor and therefore consent if any given is - 4 - HC-KAR NC: 2025:KHC:31327 CRL.P No. 9105 of 2025 not a consent in the eyes of law. It is contended that if the petitioner is enlarged on bail, he may threaten the victim and thereby hamper the case of prosecution. 6. The learned counsel for the petitioner has contended that the victim was not a minor as on the date of commission of offence, therefore, the ingredients of the offences alleged are not attracted. It is contended that the victim and the petitioner were in love with each other and victim was not forcibly taken by the petitioner, as alleged, on the other hand, even according to the prosecution, she went along with the petitioner and stayed with him. It is contended that the petitioner is in judicial custody from 27.02.2025, investigation is completed and charge sheet is filed. Therefore, imposing any conditions, petitioner may be enlarged on bail. 7. Prosecution is relying on the medical opinion regarding the age of the victim wherein, as per dental and radiological examination report, she is aged between 17 and 18 years. Prosecution has to establish the allegations - 5 - HC-KAR NC: 2025:KHC:31327 CRL.P No. 9105 of 2025 against the petitioner in a full-fledged trial and prove the age of the victim in accordance with law. Investigation is completed and charge sheet is filed. Petitioner is a young boy aged about 22 years. He is in judicial custody from 27.02.2025. In the facts and circumstances, without expressing any view on the merits of the case, petitioner can be released on bail by imposing stringent conditions. Hence, the following: ORDER Petition is allowed. Petitioner/accused in Cr.No.29/2025 of Bethamangala Police Station, K.G.F pending in Special Case(POCSO) No.31/2025 on the file of Additional District and Sessions Judge, FTSC-I (POCSO) at Kolar shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:31327 CRL.P No. 9105 of 2025 2. He shall not contact the victim either directly or indirectly and shall not pose any threat to her in any manner. 3. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 4. He shall not directly or indirectly tamper with the prosecution witnesses. 5. He shall not indulge himself in committing any offence. 6. 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 RHS List No.: 1 Sl No.: 63