Criminal Petition No. 3799 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17507 CRL.P No. 3799 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3799 OF 2025 BETWEEN: SRI SAHIL A, S/O SRI ANSAR BABU, AGED ABOUT 23 YEARS, R/AT GANJIGUNTE VILLAGE, SHIDLAGATTA TALUK, CHIKKABALLAPURA DISTRICT - 563 125. (ACCUSED IN JUDICIAL CUSTODY) (BY SRI. SYED ZAHEERUDDIN BAREED., ADVOCATE) …PETITIONER AND: 1. STATE OF KARNATAKA, BY DIBBURAHALLI POLICE STATION, THROUGH SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA 2. XXX XXX, …RESPONDENTS (BY SMT.PUSHPALATHA B., ADDITIONAL SPP FOR R-1; SMT.MAMATHA S., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS BAIL PETITION AND MAY ENLARGE THE PETITIONER/ACCUSED NO.1, ON BAIL IN THE - 2 - NC: 2025:KHC:17507 CRL.P No. 3799 of 2025 ABOVE CASE IN CONNECTION WITH THE O/P/U/S 137(2), 54, 64(2)(M), 87 AND 127(4) OF BNS ACT AND SECTION 6, 8, 12 AND 17 OF THE POCSO ACT AND SECTION 9 OF THE PROHIBITION OF CHILD MARRIAGE ACT, IN SPL S.C NO.180/2024, ARISING OUT OF CRIME NO.100/2024, REGISTERED BY THE RESPONDENT NO.1 DIBBURHALLI POLICE STATION AND THE SAME IS PENDING ON THE FILE OF THE FAST TRACK SPECIAL COURT-1 (POCSOA) ADDL.SESSIONS JUDGE, AT CHIKKABALLAPURA. 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 No.1 in Spl.S.C(POCSO)No.180/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.100/2024 registered by Dibburahalli Police Station, Chickballapura, for offences punishable under Sections 137(2), 54, 64(2)(M), 87 and 127(4) of BNS, 2023 and Sections 6, 8, 12 and 17 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') and Section 9 of the prohibition of Child Marriage - 3 - NC: 2025:KHC:17507 CRL.P No. 3799 of 2025 Act, is before this Court under Section 483 of BNSS, 2023 seeking regular bail.
Legal Reasoning
2. Heard the learned counsel for the parties. 3. FIR in Crime No.100/2024 was registered by Dibburahalli Police Station, Chickballapura, initially for the offence punishable under Section 137(2) of BNS, 2023 against the petitioner herein, based on the first information dated received from 25.08.2024 submitted by respondent No.2, who is the father of the victim girl aged was about 17 years and 9 months as on the date of the registration of the FIR. 4. During the course of investigation of the case, the petitioner and the victim girl were traced together. The petitioner was arrested on 23.09.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before - 4 - NC: 2025:KHC:17507 CRL.P No. 3799 of 2025 the trial Court in Spl.S.C(POCSO)No.180/2024 was rejected on 28.02.2025. Therefore, he is before this Court. 5. Learned Counsel for the petitioner having reiterated the grounds urged in this petition submits that petitioner and the victim girl are in love. Victim girl in her statement recorded under Section 183 of BNSS, 2023 has clearly stated that after her parents came to know about their love affair, since they were opposing her relationship with the petitioner, she had voluntarily left her house and travelled with the petitioner and thereafter they got married and stayed together. Petitioner aged about 23 years having no criminal antecedents is in custody from 23.09.2024. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP and learned Counsel appearing for respondent No.2 have opposed the petition. They submit that as on the date of the alleged incident, victim girl was a minor. Therefore, the alleged offences get attracted against the petitioner. Learned Counsel for respondent No.2 submits that petitioner hails from the - 5 - NC: 2025:KHC:17507 CRL.P No. 3799 of 2025 very same village in which the victim girl is residing and in the event he is enlarged on bail, he is likely to tamper with the material charge sheet witnesses. Accordingly, they pray to dismiss this petition. 7. FIR in the present case was registered against the petitioner after victim girl was found missing from their house on the intervening night of 24.08.2024 and 25.08.2024. The first informant suspected the hand of the petitioner and therefore, FIR was registered against the petitioner. 8. During the course of investigation of the case, petitioner and the victim girl were traced together in the house of the petitioner at Malakalacharavu village, Andra Pradesh State. Subsequently, the petitioner was arrested on 23.09.2024. Investigation of the case is completed and the charge sheet has been filed. In the charge sheet it is alleged that the parents of the victim girl coming to know about the relationship of the petitioner and the victim girl, had advised both the parties. Allegations in the charge - 6 - NC: 2025:KHC:17507 CRL.P No. 3799 of 2025 sheet is that on the intervening night of 24.08.2024 and 25.08.2024 accused No.1 with the help of the other accused had taken the victim girl in a auto-rickshaw from their village and thereafter they had travelled in a train to Marakalacharavu village in Andra Pradesh and subsequently, they got married in a temple and were staying in the house of C.W-8 at Nainavaram, Vijayawada from 27.08.2024 to 21.09.2024. 9. The statement of the victim girl under Section 183 of BNSS, 2023 was recorded by the Jurisdictional Magistrate on 24.09.2024. The victim girl has stated that she is acquainted to the petitioner and they are in love for the last about three years. After coming to know about the same her parents had opposed their relationship and therefore, after informing the petitioner she had left her house on 24.08.2024 and travelled with the petitioner from their village and thereafter, they had gone to Dharmavaram and from Dharmavaram they had gone to Vijayawada and got married in a temple on 27.08.2024. - 7 - NC: 2025:KHC:17507 CRL.P No. 3799 of 2025 Subsequently, she stayed with the petitioner till 21.09.2024 and on 21.09.2024 police brought them back to their village. She had stated that after their marriage when she was staying with the petitioner they had sexual intercourse with mutual consent. Petitioner who is a youngster is in custody from 23.09.2024. Investigation of the case is completed and charge sheet has been filed. 10. Victim girl has stated that she is in love with the petitioner who is a student studying B.COM. As on the date of the registration of FIR victim girl was aged about 17 years and 9 months. She has not made serious allegations against the petitioner in her statement recorded by the Jurisdictional Magistrate on 24.09.2024.
Legal Reasoning
Apprehension expressed by learned Counsel appearing for respondent No.2 can be taken care of by imposing appropriate conditions on the petitioner. Continued detention of the petitioner in custody along with other hardcore criminals in prison may have an adverse impact - 8 - NC: 2025:KHC:17507 CRL.P No. 3799 of 2025 on their future prospects and career. Accordingly, the following :
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.S.C(POCSO)No.180/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.100/2024 registered by Dibburahalli Police Station, Chickballapura, for offences punishable under Sections 137(2), 54, 64(2)(M), 87 and 127(4) of BNS, 2023 and Sections 6, 8, 12 and 17 of POCSO Act and Section 9 of the prohibition of Child Marriage Act, subject to the following conditions: a) The 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; b) The petitioner shall not visit Ganjigunte Village, Sidlaghatta Taluk nor shall - 9 - NC: 2025:KHC:17507 CRL.P No. 3799 of 2025 make any attempt to contact the victim girl and other material charge sheet witnesses in any manner, till the case registered against him is disposed of. c) 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; d) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; e) The petitioner shall not involve in similar offences in future; f) 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 KVR List No.: 1 Sl No.: 40