IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 584 OF 2025 BETWEEN:

KARTHIK, S/O USAPPA, AGED ABOUT 24 YEARS, R/AT P B VADA VILLAGE, GUDUPALLI MANDALAM, CHITTOOR DISTRICT, ANDHRA PRADESH - 517 132.

…PETITIONER (BY SRI. CHETHAN A., ADVOCATE)

AND:

1. STATE OF KARNATAKA, BANGARPET POLICE STATION, REP BY SPP, HIGH COURT BUILDING, Digitally BANGALORE - 560 001.

signed by KAVYA R 2. XXX Location:

High Court of XXX, Karnataka …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH., HCGP FOR R-1;

R-2 SERVED)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CRIME NO.280/2024 NOW THE SAME IS REGISTERED IN SPL.C.(POCSO).NO.202/2024 FOR OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(m), OF BNS R/W SECTION 6 OF POCSO ACT-2012, ON THE FILE OF BANGARPET POLICE STATION, PENDING BEFORE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT KOLAR.

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.202/2024 is pending before the Court of Additional District and Sessions Judge, FTSC-I, Kolar, arising out of Crime No.280/2024 registered by Bangarpet Police Station, K.G.F for offences punishable under Sections 137(2), 64(2)(m) of BNS Act, 2023 and Section 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS Act, 2023 seeking regular bail.

2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court.

3. FIR in crime No.280/2024 was registered by Bangarpete Police Station, K.G.F initially for offences punishable under Section 137(2) of BNS Act, 2023 based on the first information dated 10.08.2024 received from respondent No.2, who is the mother of the victim girl aged about 17 years and 9 months.

4. During the course of investigation of the case, petitioner was arrested on 07.10.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and chargesheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in Spl.C.(POCSO) No.202/2024 was rejected on 7^th January, 2025.

Therefore, petitioner is before this Court.

5. Perusal of material on record would go to show that victim girl who has completed her 2^nd year PUC was pursuing her B.A decree course. It appears that she got acquainted with the petitioner and she was regularly in touch with him. After her parents came to know about the same her mother allegedly had scolded her.

6. During the course of investigation of the case, statement of the victim girl under Section 164(5) of Cr.P.C. was recorded by the Jurisdictional Magistrate and in the said statement, the victim girl has stated that after her parents decided to get her marriage performed with another boy, she had left her house and had gone along with the petitioner and had stayed in the house of the petitioner’s brother for a period of two months, till the police came and brought them back. She has not made any allegations in her statement recorded under Section 164(5) of Cr.P.C which would prima facie attract the alleged offences under the POCSO Act against the petitioner. Petitioner aged about 24 years has no other criminal antecedents. Under the circumstances, I am of the view that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

Accordingly, the following:-

ORDER The petition is allowed The petitioner is directed to be enlarged on bail in Spl.C.(POCSO) No.202/2024 is pending before the Court of Additional District and Sessions Judge, FTSC-I, Kolar, arising out of Crime No.280/2024 register