- 1 - HC-KAR NC: 2025:KHC:28148 CRL.P No. 5028 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5028 OF 2025 BETWEEN: SURENDRA @ SOORI @ SANJU S/O MAHADEVAPPA @ MAHALINGAPPA AGED ABOUT 25 YEARS, R/AT BOMMANAHALLI VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGARA DISTRICT 571123 …PETITIONER (BY SRI P.P. HEGDE, SENIOR COUNSEL FOR SRI PRASANNA KUMAR B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY TERAKANAMBI POLICE REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA, BENGALURU 560 001. 2. XXXXX …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; R2 - SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.26/2023 REGISTERED BY THE TERAKANAMBI P.S. IN SPL.C.NO.95/2023 FOR THE OFFENCE P/U/S 363, 376(2)(N),376(3) OF IPC AND SEC.4, 5(L), 6 OF POCSO ACT AND SEC.9 OF CHILD MARRIAGE ACT PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC-1 AT CHAMARAJANAGARA DISTRICT. Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28148 CRL.P No. 5028 of 2025 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 Spl.Case No.95/2023 pending before the Court of Additional District and Sessions Judge and FTSC-I, Chamarajanagara, arising out of Crime No.26/2023 registered by Terakanambi police station, Chamarajanagara, for the offences punishable under Sections 363, 376(2)(n), 376(3) of IPC, Sections 4, 5(l) and 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006, is before this Court in this successive bail petition filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned Senior counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2, who is served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.26/2023 was registered by Terakanambi police, Chamarajanagara, initially for the offence punishable under Section 363 of IPC against unknown person based on the first information dated 13.04.2023 received from - 3 - HC-KAR NC: 2025:KHC:28148 CRL.P No. 5028 of 2025 respondent No.2, who is the grandfather of victim girl. During the course of the investigation, the petitioner and the victim girl were traced together. The petitioner was arrested on 23.04.2023 and remanded to judicial custody. After completing investigation, charge-sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the Trial Court was rejected and therefore, he had approached this Court in Crl.P.No.4313/2024, which was rejected on 27.06.2024. Subsequently, he filed fresh bail application before the Trial Court in Spl.C.No.95/2023, which was rejected on 27.02.2025. Therefore, he is before this Court in this successive bail petition seeking regular bail. 4. Learned Senior counsel for the petitioner having reiterated the grounds urged in the petition submits that till date, 17 charge-sheet witnesses have been examined out of 54 charge-sheet witnesses cited in the present case. All the material charge-sheet witnesses have been already examined. He further submits that a perusal of the material on record would go to show that the petitioner and the victim girl were in love and the victim girl had voluntarily accompanied the petitioner. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:28148 CRL.P No. 5028 of 2025 5. Per contra, learned High Court Government Pleader has opposed the petition and submits that the victim girl is a minor and therefore, her consent makes no difference. She further submits that having regard to the material on record, the alleged offences get attracted against the petitioner. Accordingly, she prays to dismiss the petition. 6. The first information in the present case was submitted by the grandfather of the victim girl on 13.04.2023 after the victim girl was found missing from her house on 12.04.2023. Efforts made to trace her had failed and therefore, he had approached the police. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner was subsequently arrested on 23.04.2023 and remanded to judicial custody. Before the Trial Court, the victim girl has been examined as PW.1 and first informant has been examined as PW.2. Out of the 54 charge- sheet witnesses cited in the present case, the prosecution till date has examined only 17 charge-sheet witnesses as PWs.1 to 17. The material on record would go to show that all the material charge-sheet witnesses are already examined as on - 5 - HC-KAR NC: 2025:KHC:28148 CRL.P No. 5028 of 2025 this date and therefore, there cannot be any apprehension that in the event, the petitioner is enlarged on bail, he may tamper with the material prosecution witnesses. 7. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 8. The petitioner, aged about 25 years, who has no other criminal antecedents, is in custody in the present case for last more than two years four months. Since only 17 charge- sheet witnesses have been examined out of 54 charge-sheet witnesses cited in the present case, the chances of the trial - 6 - HC-KAR NC: 2025:KHC:28148 CRL.P No. 5028 of 2025 being completed and case being disposed of on merits in near soon is very remote. Under the circumstances, I am of the view that, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 9. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.Case No.95/2023 pending before the Court of Additional District and Sessions Judge and FTSC-I, Chamarajanagara, arising out of Crime No.26/2023 registered by Terakanambi police station, Chamarajanagara, for the offences punishable under Sections 363, 376(2)(n), 376(3) of IPC, Sections 4, 5(l) and 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006, subject to the following conditions: a) Petitioner shall execute 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; - 7 - HC-KAR NC: 2025:KHC:28148 CRL.P No. 5028 of 2025 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 PMR List No.: 1 Sl No.: 30