Sri Naveen M Vs State by Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.No.769/2024 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 376(3), 376(n), OF THE IPC AND SEC.4(2), 5(L), 6, 12 OF POCSO ACT AND SECTION 9 OF CHILD MARRIAGE ACT REGISTERED BY THE RESPONDENT THIRUMALASHETTIHALLI POLICE THE ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-II, BENGALURU RURAL DISTRICT BENGALURU HAS REJECTED THE BAIL PETITION ON 17.06.2025 IN CRL.MISC.NO.1048/2025 AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the petitioner –accused under Section 483 of BNSS seeking grant of bail in Spl.C.No.769/2024 pending on the file of Additional District and Sessions Judge, FTSC –II, Bengaluru Rural, Bengaluru registered for offences punishable under Sections 376(3), 376(n) of Indian Penal Code, Sections 4(2), 5(L), 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Child Marriage Act.

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Heard learned counsel for the petitioner and learned Additional Special Public Prosecutor for respondent

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HC-KAR

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No.1 -State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

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Learned counsel for the petitioner would

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contend that on perusal of statement of the victim girl recorded under Section 164 of Cr.P.C indicates that there

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was a love affair between petitioner –accused and the victim girl and there is no allegation of forcible sexual act

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by the petitioner on the victim girl. The victim girl was aged about 17 years 02 months as on the date of alleged incident. Chare sheet is filed and the petitioner –accused is not required for custodial interrogation. The petitioner - accused is aged about 24 years and if he is kept in prison he will come in contact with hardened criminals. With this he prays to allow the petition and grant bail to the petitioner -accused.

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Per contra, learned Additional Special Public Prosecutor for respondent No.1 -State would contend that the petitioner -accused, even though aware that the victim

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HC-KAR

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is minor, he married her and had sexual intercourse with her. The said act of the petitioner -accused attracts the offences alleged against him. There is a prima facie case against the petitioner -accused for offences alleged against him. With this, she prayed to reject the petition.

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Having heard learned counsels, this Court has

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perused the charge sheet records and other materials placed on record.

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The accusation against the petitioner -accused as per column 17 of the charge sheet is that he had come in contact with victim girl through Instagram and there was love affair between them. The parents of the victim girl used to scold her as she is not studying properly and only using mobile phone. The victim girl informed the same to the petitioner -accused. The petitioner -accused and the victim girl on 21.06.2024 went to Bangalore and the petitioner -accused has promised that he will marry and look after her well. The petitioner married the victim

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HC-KAR

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girl on 23.06.2024 and took her to Moolangi village, took

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house on rent and stayed in the said house, where petitioner -accused had sexual intercourse with the victim girl. On perusal of statement of the victim girl recorded under Section 164 of Cr.P.C itself indicates that the petitioner -accused and victim girl are in love affair. There is no force alleged by the victim girl against the petitioner -accused for having sexual intercourse with her. The victim girl is aged more than 17 years and she is aware of consequences of her acts. She is of the age of understanding the consequences of her acts. The petitioner is aged 24 years, if he is kept in prison, he will come in contact with other hardened criminals. Considering all these aspects, the petitioner -accused has made out case for grant of bail with conditions.

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7. In the result, the following

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ORDER

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i) The petition is allowed.

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NC: 2025:KHC:40618 CRL.P No. 12248 of 2025

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HC-KAR

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ii) The petitioner –accused is granted bail in Spl.C.No.769/2024 pending on the file of Additional District and Sessions Judge, FTSC – II, Bengaluru Rural, Bengaluru registered for offences punishable under Sections 376(3), 376(n) of Indian Penal Code, Sections 4(2), 5(L), 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Child Marriage Act subject to following conditions;

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a. The petitioner –accused shall execute a personal bond for a sum of Rs.1,00,000/-(rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court;

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