- 1 - HC-KAR NC: 2025:KHC:28561 CRL.P No. 9347 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9347 OF 2025 BETWEEN: SARAVANA @ CHARAN S/O. NAGARAJ AGED ABOUT 25 YEARS, R/AT NO.108, KUDEGOUNDANUR VILLAGE, BALANAPALLI POST, VEPPANAPALLI TALUK, KRISHNAGIRI DISTRICT, TAMIL NADHU-635121. AS PER F.I.R PETITIONER NAMED AS CHARAN. …PETITIONER (BY SRI. SANTHOSH T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ANDERSONPET POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. XXX …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI HARISH T.S, ADV., FOR R-2) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28561 CRL.P No. 9347 of 2025 NO.53/2025 FOR THE OFFENCES P/U/S 11, 9, 10 OF CHILD MARRIAGE RESTRAINT ACT AND U/S 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND U/S 64(2) (m), 3(5) OF THE BNS, 2024, ON THE FILE OF THE ANDERSONPET POLICE, KGF, PENDING BEFORE 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 S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.53/2025 registered by Andersonpet Police Station for offences punishable under Sections 11, 9 and 10 of the Child Marriage Restraint Act, Section 6 of the POCSO Act and Section 64(2)(m) and 3(5) of the BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.53/2025 was registered by Andersonpet Police Station for the aforesaid offences against the petitioner based on the first information dated 04.06.2025 received from the victim aged 17 years 4 months. During the course of investigation, petitioner was arrested on 05.06.2025 - 3 - HC-KAR NC: 2025:KHC:28561 CRL.P No. 9347 of 2025 and subsequently remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.485/2025 was rejected on 26.06.2025. Therefore, petitioner is before this Court. 4. Learned counsel for the petitioner, having reiterated the grounds urged in the petition, prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, fairly submits that the victim girl has not made any allegation against the petitioner in her statement recorded under Section 183(5) of BNSS, 2023. 6. Learned counsel appearing for respondent No.2, who is the mother of the victim girl, submits that he has no objection to allow the petition. 7. FIR was registered in the present case based on the statement of the victim girl recorded by the police while she was admitted in the hospital on 04.06.2025 and thereafter, the petitioner was arrested in the present case on 05.06.2025. In the said statement of the victim girl, it is averred that her marriage with the petitioner was performed by her parents and - 4 - HC-KAR NC: 2025:KHC:28561 CRL.P No. 9347 of 2025 relatives on 21.10.2024 and thereafter, she and the petitioner had sexual intercourse. She had stated that she was not well and therefore, she was admitted in the hospital by her father and it appears that her statement was recorded by police when she was admitted in the hospital. After the petitioner was arrested in the present case on 05.06.2025, statement of the victim girl, aged about 18 years, was recorded by the jurisdictional Magistrate under Section 183(5) of BNSS, 2023 on 24.06.2025. Victim has not made any such allegation in her statement recorded under Section 183(5) of BNSS, 2023, which would prima facie attract the alleged offences under the POCSO Act and BNS, 2023 against the petitioner. Therefore, prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.53/2025 of Andersonpet Police Station registered for the offences punishable under Sections 11, 9 and 10 of the Child Marriage Restraint Act, Section 6 of the POCSO Act and Section 64(2)(m) and 3(5) of the BNS, 2023, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:28561 CRL.P No. 9347 of 2025 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE VM List No.: 1 Sl No.: 48