- 1 - HC-KAR NC: 2025:KHC:29543 CRL.P No. 8756 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8756 OF 2025 BETWEEN: SRI LAKSHMAN KUMAR S/O CHOWDAPPA AGED ABOUT 25 YEARS RESIDING AT GUNTAPALLI TALUK, CHINTAMANI DISTRICT CHIKKABALLAPURA - 563 123 (PRESENTLY IN JUDICIAL CUSTODY) …PETITIONER (BY SRI S. MAHESH, ADV.) AND: 1. STATE OF KARNATAKA BY MANCHENAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SPL.SC.NO.145/2024 ARISING OUT IN CRIME NO.121/2024 REGISTERED BY 1ST RESPONDENT MANCHENALLI POLICE STATION Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29543 CRL.P No. 8756 of 2025 FOR OFFENCES P/U/S 363 AND 376 OF IPC AND U/S 4 AND 17 OF POCSO ACT PRESENTLY PENDING ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, FAST TRACK SPECIAL COURT-I, BHIKKABALLAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner / accused No.1 has preferred this petition praying to enlarge him on regular bail in Crime No.121/2024 of Manchenahalli Police Station, Chikkaballapura District, registered for the offence punishable under Sections 363 and 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012. 2. Heard the learned counsel for petitioner, learned HCGP for the State and perused the material on record. 3. It is the case of prosecution that on 01.05.2024 at about 8.00 p.m, the petitioner by inducing the minor - 3 - HC-KAR NC: 2025:KHC:29543 CRL.P No. 8756 of 2025 victim, aged about 17 years, with a promise of marriage, kidnapped her in a car and forcibly took her to Hosakote, wherein he detained her in the house of his aunt and against her wishes committed penetrative sexual assault on her. Further, on 02.05.2024, he left the house and did not return and while going, he took away the ear studs of the victim. 4. After the victim returned to her house on 19.05.2024, she narrated everything to her mother and thereafter, lodged a complaint on 20.05.2024 at Chintamani Police Station, registered in Crime No.92/2024. On the point of jurisdiction, case was transferred to Manchenahalli Police Station and registered in Crime No.121/2024, on 14.06.2024. 5. Learned HCGP has vehemently contended that as per school records, victim's date of birth is 24.10.2007 and therefore, as on the date of commission of offence, - 4 - HC-KAR NC: 2025:KHC:29543 CRL.P No. 8756 of 2025 she was aged about 16-17 years. He contended that, based on the information furnished at the time of admission of the victim to I standard the date of birth was mentioned in the Admission register. Therefore, he contended that the victim was a minor, below 18 years, as on the date of commission of offence, hence, even if there is any consent on her part, it is not a consent in the eyes of law. 6. Placing reliance on the medical evidence, learned HCGP contended that possibility of vaginal intercourse cannot be ruled out and in view of the statement of victim, there is a prima-facie case against the petitioner. He contended that if the petitioner is enlarged on bail, there are chances of petitioner intimidating and threatening the victim. 7. Learned counsel appearing for the petitioner drawing the attention of the Court to the history furnished - 5 - HC-KAR NC: 2025:KHC:29543 CRL.P No. 8756 of 2025 to the doctor by the victim at the time of her examination, contended that petitioner and the victim are known to each other and they had developed a consensual relationship. He contended that victim herself accompanied the petitioner and she is not a minor as alleged by the prosecution, as per their own record, wherein her age as per radiological examination is between 17-19 years. He therefore, contended that ingredients of the offences alleged against the petitioner are not made out and he may be enlarged on bail, by imposing any conditions. 8. The prosecution has alleged that the petitioner has kidnapped the minor victim, aged about 17 years on 01.05.2024 and took her to his aunt's house in Hosakote and committed penetrative sexual assault on her. School records are relied to prove the age of the victim, wherein her date of birth is mentioned as 24.10.2007. It is contended that victim was a minor aged below 18 years at - 6 - HC-KAR NC: 2025:KHC:29543 CRL.P No. 8756 of 2025 the time of incident. However, the victim was subjected to radiological examination, wherein estimated age is determined as 17-19 years. Even though it is alleged by the prosecution that victim was kidnapped by the petitioner on 01.05.2024, till she returned to her house on 19.05.2024, no complaint was lodged. 9. 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 judicial custody from 15.07.2024. Hence, without expressing any view on the merits on the case, relief sought by the petitioner can be granted by imposing conditions. Hence, the following: ORDER Petition is allowed. Petitioner/accused No.1 in Spl.C.No.145/2024 pending before the Court of Addl. District & Sessions Judge, FTSC-1, Chikkaballapura (Crime No.121/2024 of - 7 - HC-KAR NC: 2025:KHC:29543 CRL.P No. 8756 of 2025 Manchenahalli Police Station, Chikkaballapura District) shall be released on bail subject to following conditions: a) Petitioner shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE NMS