The court determined that bail should be granted based on the analysis of the victim's voluntary actions and the absence of prior criminal history for the accused.

ORAL ORDER

1. Accused in Special Case (POCSO) No.13/2025 pending before the Court of Addl. District and Sessions Judge FTSC-I, (POCSO) Kolar, arising out of Crime No.75/2024 registered by BEML Nagar Police Station, K.G.F, for the offences punishable under Sections 137(2) and 64(2)(m) of BNS , 2023, Section 6 of the POCSO Act , 2012 and Section 9 of the Prohibition of Child Marriage Act , 2006, is before this Court under Section 483 of BNS S, 2023, seeking regular bail.

2. Heard the learned counsel for the petitioner and the 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.75/2024 was registered by BEML Nagar Police Station, K.G.F, initially for the offence punishable under Section 137(2) of BNS , 2023, against unknown person based on the first information dated 15.12.2024 received from respondent No.2, who is the mother of the victim girl, who was aged about 16 years 11 months as on the date of registration of FIR. During the course of investigation, petitioner and the victim girl were traced together. Petitioner was arrested on 24.12.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in Special Case (POCSO) No.13/2025 was rejected on 09.04.2025. Therefore, he is before this Court.

4. A perusal of the material on record would go to show that victim was found missing and the efforts made to trace her had failed. It is under these circumstances, mother of the victim had approached the police and based on her first information, FIR was registered against unknown person for the offence punishable under Section 137(2) of BNS , 2023. During the course of investigation, petitioner and the victim girl were traced together. The statement of the victim girl under Section 183 of BNS S, 2023, was recorded in the present case by the jurisdictional Magistrate on 28.12.2024. Victim girl has stated that she is pursuing her nursing training course and she got acquainted to the petitioner when she was studying in 10^th standard. She has stated that she and the petitioner were in love with each other and on 12.12.2024, she had accompanied the petitioner and they had together gone to a Temple and got married. Subsequently, they had traveled from Bangarpert to Benglauru in Train and stayed in the house of petitioner's uncle and they had sexual intercourse in the said house. She has also stated that thereafter they had gone to the house of petitioner's friend and stayed in the said house for a period of one week and had sexual intercourse. Police who came to the said house had brought them back to their village and thereafter she was staying in the Remand Home. Petitioner aged about 24 years having no other criminal antecedents is in custody for the last nearly eight months. Victim girl who was aged about 16 years and 11 months as on the date of registration of FIR has stated that she was in love with the petitioner and she had voluntarily accompanied him and had stayed with him.

5. The allegation now found in the charge sheet is required to be proved in a full fledged trial. The case is at the stage of fixing date for trial. The prosecution is yet to examine the 32 charge sheet witnesses cited in the present case. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-

6. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case (POCSO) No.13/2025 pending before the Court of Addl. District