Criminal Petition No. 5150 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17156 CRL.P No. 5150 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5150 OF 2025 BETWEEN: NARASIMHA @ NARASIMHAMURTHY M S/O LATE MAHALINGAPPA AGED ABOUT 23 YEARS RESIDENT OF DODDERI VILLAGE CHALLAKERE TALUK CHITRADURGA - 577 522. (BY SRI K.B.K. SWAMY, ADV.) AND: 1. THE STATE OF KARNATAKA BY CHALLAKERE P.S REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. 2. XXX …PETITIONER
Legal Reasoning
(BY SMT. N. ANITHA GIRISH, HCGP; R-2 SERVICE HELD SUFFICIENT V/O 23.04.2025) …RESPONDENTS Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN SPL.C (POCSO) NO.34/2025 (CR.NO.592/2024) ON THE FILE OF JUDGE, HONBLE SPL.2ND ADDL.DISTRICT AND SESSIONS CHITRADURGA P.S. CHITRADURGA DISTRICT FOR THE OFFENCE P/U/S 64 OF BNS 2023 AND SEC.4 AND 6 OF POCSO ACT AND SEC.9,10,11 OF PROHIBITION OF CHILD MARRIAGE (KARNATAKA AMENDMENT) ACT 2016 AND SEC.3(1)(w)(i),3(2)(v) OF SC/ST (POA) ACT. CHALLAKERE REGISTERED THE BY - 2 - NC: 2025:KHC:17156 CRL.P No. 5150 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.C(POCSO).No.34/2025 pending before the Court of II Addl. District & Sessions Judge, Chitradurga, arising out of Crime No.592/2024 registered by Challakere Police Station, Chitradurga District for the offence punishable under Section 64 of BNS, 2023, Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012, Sections 9, 10 & 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 and Sections 3(1)(w)(i), 3(2)(V) of SC & ST (Prevention of Atrocities) Act, 1989 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. - 3 - NC: 2025:KHC:17156 CRL.P No. 5150 of 2025 4. FIR in Crime No.592/2024 was registered by Challakere Police Station, Chitraturga District against the petitioner initially for the offence punishable under Section 137(2) of BNS, 2023 on the basis of first information dated 15.12.2024 received from respondent No.2 herein, who is the father of the victim girl, aged about 17 years 8 months as on the said date. During the course of investigation, the petitioner was arrested on 23.12.2024 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences. 5. The bail application filed by the petitioner before the Sessions Court in Spl.C(POCSO).No.34/2025 was dismissed on 26.03.2025. Therefore, he is before this Court. 6. Perusal of the material on record would go to show that, the daughter of the first information, aged about 17 years 8 months was found missing from her house on 14.12.2024. Efforts made to trace her had failed. - 4 - NC: 2025:KHC:17156 CRL.P No. 5150 of 2025 Therefore, on 15.12.2024, the first informant had approached the police and since he suspected the hand of the petitioner, FIR was initially registered against the petitioner for the offence punishable under Section 137(2) of BNS, 2023. 7. During the course of investigation, the petitioner and the victim girl were traced together in the house of the petitioner. The petitioner was arrested on 23.12.2024 and subsequently remanded to judicial custody. Investigation of the case is complete and charge sheet has been filed. 8. Perusal of the statement made by the victim girl under Section 161 of Cr.P.C, would go to show that, she and the petitioner were in love and on 14.12.2024 she had left her house, after her relationship was known to her parents. On the said date, she had called the petitioner over phone and thereafter traveled with him to his village in bus and subsequently they got married and stayed together in the house of accused No.2 - Siriyanna. The - 5 - NC: 2025:KHC:17156 CRL.P No. 5150 of 2025 police who came there subsequently brought them back to their village. Even in her statement recorded under Section 183 of BNS, 2023 by the jurisdictional Magistrate she has stated that, she was acquainted to the petitioner and on 14.12.2024 she had gone along with him and stayed in the house of accused No.2 - Siriyanna. On 16.12.2024 they got married and subsequently they had sexual intercourse. The petitioner, who has no criminal antecedents is in custody from 23.12.2024. Investigation of the case is complete and charge sheet has been filed. Trial in the case is yet to commence. The prosecution in all has cited 31 charge sheet witnesses in the present case. 9. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner who is youngster having no criminal antecedents for grant of regular bail is required to be answered affirmatively without expressing any opinion on merits/demerits of the case. 10. Accordingly, the following: - 6 - NC: 2025:KHC:17156 CRL.P No. 5150 of 2025
Decision
ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C(POCSO).No.34/2025 pending before the Court of II Addl. District & Sessions Judge, Chitradurga, arising out of Crime No.592/2024 registered by Challakere Police Station, Chitradurga District for the offences punishable under Sections 64 of BNS, 2023, Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012, Sections 9, 10 & 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 and Sections 3(1)(w)(i), 3(2)(V) of SC & ST (Prevention of Atrocities) Act, 1989, subject to the following conditions: a) The petitioner 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; - 7 - NC: 2025:KHC:17156 CRL.P No. 5150 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 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 NMS