IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13009 OF 2024 (439(Cr.PC) / 483 (BNSS))

BETWEEN:

SRI. KRISHNEGOWDA S AGED ABOUT 51 YEARS, S/O SUBBEGOWDA, R/AT NO:301, NO:3C-969, 1^ST BLOCK, HRBR LAYOUT, KALYANAGAR, BANGALORE.

…PETITIONER (BY SRI. UMESH B.N., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY CHANDRA LAYOUT POLICE STATION BENGALURU.

REP. BY STATE PUBLIC PROSECUTOR, Digitally HIGH COURT BUILDING, signed by BANGALORE-560 001.

LAKSHMI T Location:

High Court 2. XXX [VICTIM]

of Karnataka AGED ABOUT 21 YEARS, D/O ERREGOWDA, R/AT NO:17, 1^ST A MAIN, MARUTHINAGAR, NAGARABHAVI MAIN ROAD, BANGALORE-560 072.

…RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1;

SRI. VINAY SHREYAS K.V., ADVOCATE FOR R-2)

THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 376(2)(n), 506 OF IPC AND SECTION 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, IN SPL.C.C.NO.1998/2024 ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-V, BENGALURU, (ARISING OUT OF CRIME NO.429/2024 OF CHANDRA LAYOUT POLICE STATION, BENGALURU).

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

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioner is the sole accused in Crime No.429/2024 of Chandra Layout Police Station, initially registered for the offence punishable under Sections 376 and 420 of IPC.

2. Charge sheet is filed for offences punishable under Section 376(2)(n), 506 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO' Act).

3. Heard the learned counsel for petitioner, learned Additional SPP for the State and learned counsel appearing for respondent No.2-defacto complainant.

4. It is the case of prosecution that about four years prior, victim girl came in contact with the accused while she was residing in Kirugavalu Town, Mandya District. Accused assured the victim and her mother that he will help them in their difficulties and provided his phone number to them. Later, victim and her mother sought help from the accused saying that they are finding difficult to lead life in their village. Accused asked them to come to Nagarbhavi in Bengaluru and provided a rented house to them in Nagarbhavi, Chandra layout, Bengaluru and he used to visit their house. A year later, complainant and her mother vacated the said house and from 2020, they started to reside at house No.49 (Old No.105) belonging to CW.10 situated behind Madduramma temple at Nagarbhavi Circle.

5. It is alleged that accused used to visit the house of the victim and knowing very well that she is a minor, used to take her to the parks, touch her body inappropriately. Further, he enticed her by giving food, mobile phone, laptop and with an assurance of marriage, committed penetrative sexual assault on her.

6. It is the further case of the prosecution that the victim and her mother vacated the house at Nagarbhavi Circle and from 12.08.2023 started residing at house No.17, 1^st ‘A’ Main, Maruthi Nagar, Nagarbhavi. Accused used to visit the said house when the victim was alone and with a promise of marriage and threatening her, committed penetrative sexual assault and later refused to marry and cheated her etc.

7. Learned counsel for petitioner has contended that as per complaint, about two years prior, accused is alleged to have committed sexual assault on the victim. Admittedly, victim was aged 21 years at the time of lodging the complaint and therefore, she was not a minor as on the date of commission of offence. He contended that even accepting the entire allegations, it cannot be said that the ingredients of the offence alleged against the petitioner are made out. He would further contend that victim and her mother issued threat and started black mailing the petitioner and therefore, he gave a complaint to the Assistant Comm