- 1 - HC-KAR NC: 2025:KHC:51432 CRL.P No. 14176 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14176 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. SACHIN KUMAR R. @ SACHIN S/O RAMALINGAM, AGED ABOUT 19 YEARS, R/AT NO. 15, 2ND CROSS, OPP TO MOHAN TENT HOUSE, NAGASHETTYHALLI, BENGALURU - 560 094 …PETITIONER (BY SRI. H.S. GAURAV, ADVOCATE FOR SRI. RANGANATH REDDY R, ADVOCATE) AND: STATE BY SANJAYNAGAR POLICE, THE STATION HOUSE OFFICER, SANJAYNAGAR POLICE STATION, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, (HIGH COURT OF KARNATAKA) PIN CODE - 560 001. …RESPONDENT (BY SRI. JAGADEESHA B.N, ADDL. SPP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ORDER THAT THE PETITIONER TO BE ENLARGED ON BAIL IN FIR IN CR.NO.85/2024 REGISTERED BY Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51432 CRL.P No. 14176 of 2025 SANJAY NAGAR POLICE REGISTERED IN 8TH ADDL. CMM COURT AT BANGALORE FOR OFFENCE P/U/S. 302 R/W 34 OF IPC NOW THE CASE IS COMMITTED AND PENDING BEFORE LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGLAURU (CCH-70) AS S.C.1032/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This successive bail petition is preferred on twin grounds, namely, the grounds of arrest were not furnished to the accused and secondly, the accused was a minor at the time of commission of the offence. The learned Sessions Judge vide order dated 29.09.2025 in Crl.Misc.No.7990/2025, rejected both the contentions of the petitioner. 2. At paragraph No.13 of the order, the learned Sessions Judge has observed that the claim of juvenility falls within the exclusive provisions of the Juvenile Justice Board under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'Act, 2015')and - 3 - HC-KAR NC: 2025:KHC:51432 CRL.P No. 14176 of 2025 the Court exercising jurisdiction under Section 439 of Cr.P.C. cannot, entertain disputed questions of age. 3. The above observations made by the learned Sessions Judge may not be proper in view of Section 9(2) of the Act, 2015, wherein Section 9(2) states that, the claim of juvenility can be raised before any Court and shall be recognised at any stage and such a claim shall be determined in accordance with the provisions contained in the Act. 4. The petitioner is relying on certain documents such as Birth Certificate etc., to claim that he was a child at the time of commission of the offence. When the said contention was raised before the Sessions Court, the learned Sessions Judge ought to have conducted an enquiry and then proceeded with the matter, in accordance with law. In this regard, it is useful to refer to the judgment of the Hon'ble Apex Court in Rishipal Singh Solanki v. State of Uttar Pradesh and Others reported - 4 - HC-KAR NC: 2025:KHC:51432 CRL.P No. 14176 of 2025 in (2022) 8 SCC 602 (para Nos.33.1 to 33.11) relied on by the learned Addl. SPP. 5. For the aforesaid reasons, the petitioner is permitted to file a fresh petition seeking bail before the learned Sessions Judge and in that event, the learned Sessions Judge after conducting an enquiry regarding the juvenality of the petitioner shall pass an appropriate order in accordance with law, as expeditiously as possible not later than 30 days from the date of filing of the petition. Accordingly, petition is disposed of. All contentions are kept open. Sd/- (MOHAMMAD NAWAZ) JUDGE PSJ List No.: 1 Sl No.: 9