The court granted regular bail to the petitioner accused of sexual assault on a minor, taking into account the alleged romantic relationship and the petitioner's contention that he was misled about the victim's age.

THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT BANDEPALYA P.S., TO RELEASE THE PETITIONER IN CR.NO.132/2025 ON SPL.C.NO.2376/2025 PENDING ON THE FILE OF THE HONBLE ADDL CITY CIVIL AND SESSIONS JUDGE, FTSC III BENGALURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 4, 6 OF POCSO ACT 2012 AND SECTIONS 137(2), 64 OF BNS 2023.

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 is before this Court seeking regular bail in Crime No.132/2025 of respondent/police for the offences punishable under Sections 4, 6 of Protection of Children From Sexual Offences Act, 2012 and Sections 137(2), 64 of Bharatiya Nyaya Sanhita, 2023, pending in Spl.C No.2376/2025 on the file of the learned Additional City Civil and Sessions Judge, FTSC-III, Bengaluru.

2. The case of the prosecution is that the victim (CW2) was aged about 17 years and came into a close relationship with the accused in the guise of love. On September 13, 2025, the petitioner accompanied the victim and came to Majestic, and subsequently, they went to Mysore and Chennai. Thereafter, they returned to Bangalore on September 20, 2025. It is alleged in the complaint that the victim was subjected to sexual assault by the petitioner while they were staying at lodges both in Bangalore and Chennai. Based on the complaint, the respondent/police conducted an investigation and submitted the charge sheet.

3. The learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences. It is contended that he was misled with regard to the age of the victim. Though the victim was aged about 17 years, she had informed the petitioner that she had completed 18 years and she was willing to marry him. The petitioner and the victim voluntarily gone to different cities and came back to Bengaluru. In the meantime, the mother of the victim lodged a complaint stating that her daughter / victim was found missing from 13.09.2025. Pursuant to the said complaint, the respondent–police have registered a case and subsequently, secured the victim. On 21.09.2025, the statement of the victim was recorded by the police.

4. It is further submitted that the petitioner is aged about 23 years. He is a permanent resident of Bagepally Taluk, Chickaballapura. He will abide by the conditions to be imposed by this Court in the event of his release on bail. Making such submission, he prays to allow the petition.

5. Per contra, the learned Additional State Public Prosecutor for the respondent/State vehemently submitted that the petitioner has committed a heinous offence against the victim, who was aged about 17 years at the relevant time. It is submitted that the petitioner induced the minor girl in the guise of love, and thereafter, kidnapped her from the lawful guardianship of her parents. It is further submitted that he took her to different places and committed sexual assault on her on several occasions. Thereafter, the respondent/police have secured the presence of the victim and recorded her statement. In fact, the said statement would indicate that she had been subjected to sexual assault by the petitioner. Therefore, it is not appropriate to grant him bail. Making such submission, learned Addl. SPP prays to reject the petition.

6. Heard the learned counsel for the respective parties and perused the averments made in the charge sheet. It would indicate that the victim and the petitioner were in a relationship and they were allegedly in love with each other. As per the documents placed on record, the victim was aged about 17 ye