SRI. NIKHIL. R v. STATE BY J.J.R. NAGARA P.S.

(BY SRI RAHUL RAI.K, HCGP FOR R1; NOTICE TO R2 HELD SUFFICIENT VIDE ORDER DATED 11.11.2024) …RESPONDENTS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN SPL.C.C.NO.1530/2024 ARISING OUT OF CR.NO.115/2024 FOR THE OFFENCE P/U/S 137(2), 65(1) OF BNS, SEC.4 AND 6 OF POCSO ACT AND SEC.9 OF CHILD MARRIAGE RESTRAINT ACT, Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:45431 CRL.P No. 11287 of 2024 REGISTERED BY J.J.R. NAGAR POLICE WHICH IS PENDING BEFORE THE HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE (FTSC-V), BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused in Spl.C.C.No.1530/2024 pending before the Additional City Civil & Sessions Judge, FTSC-V, Bengaluru arising out of Crime No.115/2024 registered by J.J.R. Police Station, Bengaluru for offences punishable under Sections 137(2), 65(1) of BNS, 2023, Section 4 and 6 of POCSO Act and Section 9 of Child Marriage Restraint Act, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

#2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1.

#3. Respondent No.2, who is served in the matter, has been remained unrepresented before this Court. - 3 - NC: 2024:KHC:45431 CRL.P No. 11287 of 2024

#4. First Information Report in Crime No.115/2024 was registered by the J.J.R. Police Station, Bengaluru against unknown persons, initially for offences under Section 137(2) of BNS, 2023 on the basis of the first information dated 02.07.2024 received from respondent No.2, who is the father of the minor victim girl. During the course of investigation, the victim and the petitioner were traced together at Delhi and brought back to Bengaluru and produced before the police. Petitioner, who was arrested in the present case on 04.07.2024 was subsequently remanded to judicial custody. Investigation in the case is completed and the charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the trial court in Crl. Misc.No.8023/2024 was rejected on 21.09.2024. Therefore, he is before this Court.

#5. Learned counsel for the petitioner submits that the petitioner is a youngster, aged about 19 years, having no criminal antecedents. Petitioner and the victim are in - 4 - NC: 2024:KHC:45431 CRL.P No. 11287 of 2024 love. Victim girl had voluntarily left her parents house and travelled with the petitioner to Delhi and they had stayed there together. Petitioner’s father had gone to Delhi and brought back the petitioner and the victim girl and thereafter produced them before the police. Investigation in the case is completed. Accordingly, prays to allow the petition.

#6. Learned High Court Government Pleader has opposed the petition. He submits that the victim girl is a minor and therefore the alleged offences get attracted against the petitioner. Accordingly, he prays to dismiss the petition.

#7. Respondent No.2 who is served in the matter has remained unrepresented before this Court.

#8. First Information Report in Crime No.115/2024 was initially registered against unknown person for offence under Section 137(2) of BNS, 2023 after the victim girl was found missing from her house on 01.07.2024. Efforts made by the parents of the victim to trace her had failed - 5 - NC: 2024:KHC:45431 CRL.P No. 11287 of 2024 therefore, on 02.07.2024, informant had approached the police. During the course of investigation of the case, the petitioner and the victim girl were traced together in Delhi and on 04.07.2024 petitioner’s father had gone to Delhi and he had brought back the petitioner and the victim girl along with him and thereafter, produced them before the police.

#9. The victim girl’s statement under Section 164 of Cr.P.C. was recorded before the jurisdictional magistrate on 08.07.2024. The victim girl has stated that she was in love with the petitioner for the last two years and she was in constant touch with him and she also used to go out with him without the knowledge of her parents. On

16.06.2024, when there was nobody at home, she had called petitioner to her house and they had sexual intercourse in their house. Subsequently, her parents came to know about her relationship with the petitioner and her mother and uncle had assaulted her. She had informed about the same to the petitioner and asked him - 6 - NC: 2024:KHC:45431 CRL.P No. 11287 of 2024 to take her along with him. On 01.07.2024, she had left her house and thereafter, along with the petitioner she had travelled to Delhi from Yeshwantpur railway station and in a temple, petitioner had tied the sacred thread to her neck. After reaching Delhi, they had stayed in a hotel room and petitioner allegedly had sexual intercourse with her in the hotel room. Subsequently, she had called her mother and informed that she was at Delhi and petitioner had called his father and informed that they were in Delhi. Petitioner’s father came to Delhi airport and brought back them to Bengaluru and petitioner and the victim were handed over to the police. The petitioner aged about 19 years is in custody from 04.07.2024. Investigation in the case is completed and the charge sheet has been filed. Petitioner has no other criminal antecedents.

#10. Considering the nature of allegations found in the charge sheet as well as in the statement made by the victim girl and also taking into consideration the age of the petitioner, I am of the opinion that his prayer for grant of - 7 - NC: 2024:KHC:45431 CRL.P No. 11287 of 2024 regular bail has to be answered affirmatively. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.115/2024 of J.J.R.Nagar Police Station, Bengaluru registered for the offences punishable under Sections 137(2), 65(1) of BNS, 2023, Sections 4 & 6 of POCSO Act and Section 9 of Child Marriage Restraint Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for likesum, the satisfaction of 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; - 8 - NC: 2024:KHC:45431 CRL.P No. 11287 of 2024 c) The petitioner shall not directly or indirectly threaten or tamper with prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not 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 CM List No.: 1 Sl No.: 51