IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13405 OF 2024 BETWEEN:

VIGNESH @ VICKY, AGED ABOUT 22 YEARS, S/O VENKATESH, NO.264, 6TH CROSS, 5TH BLOCK, CHAMUNDINAGAR, RAJAJINAGAR, BANGALORE - 560 010.

…PETITIONER (BY SRI. MAHAMMAD ASFAK., ADVOCATE)

AND:

STATE BY BASAWESHWARANAGAR PS, REP BY STATE PUBLIC PROSECUTOR, Digitally HIGH COURT COMPLEX, signed by LAKSHMI T BANGALORE - 560 001.

Location:

High Court AS PER FIR of Karnataka SRI KARTHIK, S/O LATE RAJENDRA, AGED ABOUT 18 YEARS, NO.382, 2ND STAGE, 2ND CROSS, KUVEMPU ROAD, KAMALANAGARA, BENGALURU - 560 079.

…RESPONDENT (BY SMT. ASMA KOUSER., ADDITIONAL SPP FOR R1; RESPONDENT NO.2 SERVED AND UNREPRESENTED)

THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.392/2024 OF BASAVESHWARANAGARA P.S FOR THE OFFENCE P/U/S 137(2) OF BNS AND SEC.8 AND 12 OF POCSO ACT PENDING ON THE FILE OF ADDL.CITY CIVIL AND SESSION JUDGE FTSC-

1 BENGALURU.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Heard the learned Counsel for petitioner and learned Additional SPP for respondent No.1 – State and perused the material on record.

2. Respondent No.2 is served but unrepresented.

3. This petition is preferred under Section 483 of the BNSS 2023 praying to enlarge the petitioner on bail in Crime No.392/2024 of Basaveshwara Nagara Police Station, Bengaluru City, registered for the offence punishable under Section 137(2) of the BNS 2023.

4. Initially, case was registered against the petitioner and four others. On completion of investigation charge sheet has been filed against the petitioner, deleting the name of other accused persons. Charge sheet is filed for offences punishable under Section 137(2) of the BNS 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act').

5. Victim’s brother has set the law into motion alleging that on 16.08.2024 his minor sister was kidnapped by the accused persons. On 19.10.2024, victim girl was traced and her medical examination was conducted. Her statements were recorded by the police as well as by the learned Magistrate.

6. According to prosecution the victim was a minor as on the date of commission of the offence. The prosecution is relaying on the certificate issued by the school wherein her date of birth is mentioned as 04.02.2008. It is contended by the learned Additional SPP that the victim was aged about 16 years at the time of incident and there is a prima-facie case against the petitioner. She contended that the petitioner has kidnapped a minor girl and committed sexual assault on her and if he is enlarged on bail he may try to intimidate and influence the victim.

7. The material on record would reveal that there is a love affair between the victim and the petitioner. The medical evidence and the statement of the victim does not show that there was penetrative sexual assault on her, on the other hand it is alleged that petitioner used to hug and kiss the victim. The learned counsel for petitioner has disputed the age of the victim, contending that the school certificate now collected by the prosecution cannot be relied upon to establish the age of the victim.

8. Petitioner was arrested on 19.10.2024 and he is in judicial custody. He is not required for further interrogation as investigation is already completed and charge sheet is also filed. The prosecution has to establish its case during trial. Considering the facts and circumstances by imposing suitable conditions, petitioner can be admitted to bail. Accordingly, the following:

ORDER

i) The criminal petition is allowed.

ii) Petitioner/accused shall be enlarged on bail in Crime No.392/2024 of Basaveshwara Nagara Police Station, Bengaluru, subject to following conditions:

a) He shall execute a personal bond for a sum of Rs.50,000/- with two sureties