- 1 - HC-KAR NC: 2025:KHC:32259 CRL.P No. 7010 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7010 OF 2025 BETWEEN: 1. NAVEEN N SON OF K NARASIMHA, AGED ABOUT 22 YEARS, RESIDING AT CHINAKAVAJRA POST, KASABA HOBLI, MADHURI TALUK, GUDIROPPA COLONY, TUMAKURU-572101. …PETITIONER (BY SRI. ANKITH S REDDY.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KORATAGERE POLICE STATION, REPRESENTED BY: THE SPECIAL PUBLIC ROSECUTOR, HIGH COURT OF KARNATAKA. 2. LEELAVATHI, WIFE OF PRAKASH, AGED ABOUT 39 YEARS, R/O KEREGALA-PALYA, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT. …RESPONDENTS (BY SRI. R. RANGASWAMY., HCGP FOR R1; R2 IS SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32259 CRL.P No. 7010 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.264/2024 REGISTERED IN THE KORATAGERE P.S., FOR THE OFFENCES P/U/S 65(1),127(4),137(2) OF THE BNS, U/S 6 OF THE POCSO ACT, 2023 AND SUBSEQUENTLY IN SPL.C.NO.712/2024 ON BOARD OF THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of the BNSS, 2023 is preferred by the petitioner/sole accused in Crime No.264/2024 of Koratagere Police Station, Tumakuru District, to enlarge him on bail. 2. Heard both sides and perused the material on record. 3. Petitioner is accused of kidnapping a minor girl aged below 16 years and committing penetrative sexual assault on her. - 3 - HC-KAR NC: 2025:KHC:32259 CRL.P No. 7010 of 2025 4. FIR is registered on a complaint lodged by the victim's father, against petitioner for the offence punishable under Section 137(2) of the BNS, 2023. It is averred in the complaint that his minor daughter aged about 16 years, pursuing her SSLC was found missing from the house from 05.09.2024 at about 08:45 p.m. He suspected the petitioner as the one who kidnapped her, since the petitioner had an acquaintance with his daugher. 5. On tracing the victim, her statement was recorded by the police as well as by the learned Magistrate. Her medical examination was also conducted. Petitioner was arrested on 25.09.2024. On completion of investigation, charge sheet is filed against him for the offence punishable under Section 65(1), 127(4), 137(2) of the BNS, 2023 and Section 6 of the POCSO Act, 2012. 6. Learned High Court Government Pleader has contended that similar act was committed by the petitioner on an earlier occasion and he was granted bail, imposing conditions, inspite of that, he has once again committed - 4 - HC-KAR NC: 2025:KHC:32259 CRL.P No. 7010 of 2025 the offence by kidnapping the victim and subjecting her to penetrative sexual assault. He contended that as per school admission register, where the victim studied first standard, her date of birth is 09.11.2008 and therefore, she was less than 16 years on the date of commission of offence. He contended that in view of the statement of the victim recorded under Section 183 of the BNSS, 2023 and the history furnished before the doctor, there is a prima- facie case against the petitioner and in the event of his release, he may once again commit similar offence and also threaten the prosecution witnesses. 7. Learned counsel for the petitioner has drawn the attention of the Court to the statements of the victim recorded, pointing out that she has given different versions. He therefore contended that her statements cannot be believed at this stage. He contended that though the victim was missing from the house from 05.09.2024, till 12.09.2024, no complaint was lodged and the victim has given her statement before the police that - 5 - HC-KAR NC: 2025:KHC:32259 CRL.P No. 7010 of 2025 she voluntarily went and stayed in the house of CW.6, therefore, there are reasonable grounds to believe that the petitioner is innocent of the offence alleged. 8. It is not in dispute that earlier a case was registered in Crime No.29/2024 against the petitioner for the offence punishable under Section 376(2)(n) of IPC and Section 5(l) and 6 of the POCSO Act, at Madhugiri Police Station. In the said case, petitioner was granted bail. Thereafter, it appears that the parents of the victim left the vicitm in the house of CW.4 at C. N. Durga village, Koratagere taluq. The victim was found missing from the said house from 05.09.2024. It is alleged that she was once again kidnapped by the petitioner and detained in the house of CW.6 i.e., the house of petitioner's aunt, wherein she was subjected to penetrative sexual assault. 9. After the victim was traced, her statement was recorded by the police as well as by the learned Magistrate and she was subjected to medical examination. It is pertinent to see that in the history furnished initially, the - 6 - HC-KAR NC: 2025:KHC:32259 CRL.P No. 7010 of 2025 victim has stated that there was no physical contact with the petitioner. However, once again when she was examined by the doctor, she has stated that she was subjected to sexual intercourse by the petitioner. Further, in the first statement, given before the police, dated 24.09.2024, she has not alleged that she was subjected to sexual assault by the petitioner. However, in the subsequent statement recorded on 25.09.2024 and in the statement before the learned Magistrate, she has alleged so. It is the contention of the learned counsel, those two statements were given at the instance of the victim's mother. 10. Petitioner was arrested on 25.09.2024. Investigation is completed and charge sheet is filed. Though charges are framed, as on today, the trial has not commenced. 11. In the above facts and circumstances, without expressing any view on the merits of the case, petitioner can be admitted to bail by imposing conditions, making it - 7 - HC-KAR NC: 2025:KHC:32259 CRL.P No. 7010 of 2025 clear that, violation of any of the condition shall lead to cancellation of bail. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner/accused in Crime No.264/2024 of Koratagere Police Station, pending in Spl.C.No.712/2024 on the file of the Court of Additional District and Sessions Judge, (FTSC-1), Tumakuru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. - 8 - HC-KAR NC: 2025:KHC:32259 CRL.P No. 7010 of 2025 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 29