Sachin H S Vs State of Karnataka

THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE ABOVE NAMED PETITIONER/ACCUSED NO.2 ON BAIL IN CR.NO.475/2025 OF RAJAGOPALNAGAR P.S., FOR THE OFFENCES P/U/S 3, 4, 5 OF I.T.P ACT, AND U/S 143(b), 61(b) OF BNS, 2023, AND U/S 8 AND 12 OF POCSO ACT, PENDING ON THE FILE OF THE HON’BLE FTSC-I, ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGLORE.

¶19

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

¶20

ORDER WAS MADE THEREIN AS UNDER:

¶21

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

¶22

ORAL ORDER

¶23

The petitioner/accused No.2 is before this Court seeking regular bail in Crime No.475/2025 of respondent-Police for the offence under Sections 3, 4 and 5 of Immoral Traffic Prevention Act, 1956, Sections 143(b) and 61(b) of Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of Protection of Children from Sexual Offences, 2012.

¶24

Brief facts of the case :

¶25

The case of the prosecution is that the complainant

¶26

being a Police Inspector, CCB, Bengaluru had received credible information stating that accused No.1 was running prostitution

¶27

NC: 2026:KHC:21748 CRL.P No. 451 of 2026

¶28

3 -

¶29

HC-KAR

¶30

in the house of Suresh which she had taken on rent. It is further stated that she was running the said prostitution by keeping the minor children.

¶31

On the basis of the said information, the

¶32

complainant went to the spot and found that accused No. 1 was running a brothel in the said house. The present petitioner was indulging in sexual activities with the minor girl. Therefore, he was taken to custody and a case has been registered. After conducting the investigation charge sheet was submitted.

¶33

Heard Sri.Ningaraja M.N., learned counsel for the petitioner and Smt.Anitha Girish N., learned High Court Government Pleader respondent-State.

¶34

It is the submission of learned counsel for the petitioner that the petitioner is a customer and he was not aware about the actual age of the victim. He has been falsely implicated in this case and he is the only earning member of the family and he is aged about 30 years. He is a permanent resident of Muneshwara Layout, Bengaluru City. He will abide by the conditions to be imposed by this Court in the event of

¶35

4 -

¶36

NC: 2026:KHC:21748 CRL.P No. 451 of 2026

¶37

HC-KAR

¶38

his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition.

¶39

Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner being a customer was indulging in sexual activities with the victim, who is aged about 17 years and 7 months. The petitioner intended to marry her despite knowing that she was minor, he has committed sexual assault. Therefore, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition.

¶40

Heard learned counsel for the respective parties and perused the averments of the charge sheet. It appears that accused No.1 was running a brothel in the house of one Mr.Suresh by keeping minor girls and women. The petitioner being a customer was engaging in the sexual activity with minor girl.

¶41

Be that as it may, as per the submissions of the

¶42

learned counsel for the petitioner that the petitioner was not

¶43

5 - NC: 2026:KHC:21748 CRL.P No. 451 of 2026

¶44

HC-KAR

¶45

aware about the actual age of the victim has to be considered because there is no proof that he was informed the actual age of the victim. Therefore it is appropriate to grant him bail by imposing suitable conditions.

¶46

Hence, I proceed to pass the following:

¶47

ORDER

¶48

(i) The petition is allowed.

¶49

(ii) The petitioner is ordered to be enlarged on bail in Crime No.475/2025 of respondent-Police for the offence under Sections 3, 4 and 5 of Immoral Traffic Prevention Act, 1956, Sections 143(b) and 61(b) of Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of Protection of Children from Sexual Offences, 2012, on executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with one surety for the likesum to the satisfaction of the Trial Court.

¶50

NC: 2026:KHC:21748 CRL.P No. 451 of 2026

¶51