THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF THE BNSS 2023 IN (CRIME NO.265/2024) SPL.CC.NO.2377/2025 IN KONANAKUNTE POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 336(3), 137(2), 64(2)(f), 64(2)(m), 65(1) OF BHARATIYA NYAYA SANHITA, 2023 AND UNDER SECTIONS 17, 4(2), 5(l), 5(j), 6 OF POCSO ACT-2012 AND UNDER SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT AND UNDER SECTION 27(b) OF NDPS ACT-1985 PENDING ON THE FILE OF LEARNED ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, F.T.S.C-III, AT BENGALURU CITY.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

1. The petitioner / accused No.1, is before this Court seeking regular bail in Spl.C.C. No.2377/2025 pending on the file of learned Additional City Civil and Sessions Judge, FTSC-III, Bengaluru, arising out of Crime No.265/2024 registered by the respondent-police for the offences punishable under Sections 336(3), 137(2), 64(2)(f), 64(2)(m), 65(1) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 17, 4(2), 5(l), 5(j), 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 9 of the Prohibition of Child Marriage Act and under Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Brief facts of the case:

2. The case of the prosecution is that a complaint came to be registered by the father of the victim, stating that on 13.07.2024, the victim girl has been abducted from the lawful custody of her parents and she had been kept in a dilapidated house at Koteuru, Krishnagiri District, Tamil Nadu State and it is alleged that the petitioner had committed sexual assault on the victim girl on many occasions. Again, the petitioner returned to Bengaluru along with the victim and made her to stay in a house at Praghathi Layout, Hongasandra.

3. It is further stated that the petitioner married the victim in the month of January 2025 and both were staying in Hongasandra. The victim became pregnant. Thereafter, she gave birth to a child. Based on the said complaint, the respondent - Police have registered a case, conducted investigation and submitted the charge sheet.

4. Heard Sri Ramesha H.N., learned counsel appearing for Sri Narayanaswamy K.N., learned counsel for the petitioner, Ms. Asma Kouser, learned Addl. SPP for the respondent No.1 and Sri Srinath B.V., learned counsel for the respondent No.2.

5. The submission of the learned counsel for the petitioner is that the petitioner is aged about 19 years. He has been falsely implicated in this case. He is innocent of the alleged offences. In fact, the petitioner was unaware of the victim’s actual age. The petitioner is the earning member of the family and he is the permanent resident of Hongasandra, Bengaluru. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition.

6. Per contra, learned Additional SPP for respondent No.1 – State vehemently submitted that the age of the victim is 15 years 3 months. She was kidnapped by the petitioner and taken to Tamil Nadu, where they stayed for three to four days. Thereafter, they returned to Bengaluru and stayed in Hongasandra. Though it is alleged that the petitioner married the victim and that they were living together and she has now given birth to a child, the fact remains that the victim is a minor and the petitioner has committed a heinous offence against the minor, which is an unpardonable act committed by the petitioner against a minor girl. Therefore, it is not appropriate to grant him bail. Making such submissions, the learned Additional SPP for respondent No.1 - State prays to reject the petition.

7. Similarly, learned counsel for respondent No.2 has submitted that the victim has given birth to a child. The victim is before this