Mr. Manoj. S @ Manoj Gowda vs State Of Karnataka & Anr.

Accused in Spl.C.No.2785 of 2025 pending before the Court of Additional City Civil and Sessions Judge, FTSC-II Bengaluru, arising out of Crime No.271 of 2025 registered by Nandini Layout Police Station, for the offences punishable under Section 4(2) of POCSO Act, 2012 and Sections 351(2), 65(1) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 is seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.271 of 2025 was registered by Nandini Layout Police Station, against the petitioner herein for the aforesaid offences, based on the first information dated 24.09.2025 received from respondent No.2, who is the mother of the victim girl aged 16 years. During the course of investigation, the petitioner was arrested on 08.10.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.No.9060 of 2025 was rejected on 05.01.2026. Therefore, he is before this Court.

Learned counsel for the petitioner submits that, the petitioner and the victim girl are in love. Victim girl is now examined before the Trial Court as PW-4 and she has turned hostile to the case of prosecution. Accordingly, he prays to allow the petition.

Per contra, learned Additional State Public Prosecutor and learned counsel appearing for respondent No.2 have opposed the prayer made by the petitioner. Learned counsel for respondent No.2 submits that the parents of the victim girl are yet to be examined. Victim girl was a minor as on the date of the incident. Accordingly, prays to dismiss the petition.

In the first information dated 24.09.2025, the mother of the victim girl has stated that her daughter is pursuing her 2nd year PUC and she was acquainted to the petitioner and they were regularly talking to each other over phone and also exchanging messages over Instagram. She had therefore advised her daughter in this regard. On 24.09.2025, the petitioner allegedly had called the first informant and informed her that he was in love with her daughter and he would be marrying her. On enquiry, victim girl allegedly informed her mother that with a promise to marry her, the petitioner had sexual intercourse with her against her wish. It is under this circumstances, FIR was registered against the petitioner.

Investigation of the case is completed and the charge sheet has been filed against the petitioner for the aforesaid offences. Victim girl who has been examined before the Trial Court as PW-4 is treated as a hostile witness and cross-examined by the Public Prosecutor. Since the material charge sheet witness is already examined, there cannot be any apprehension that the petitioner may tamper with the said witness. The petitioner aged 24 years, having no other criminal antecedents, is in custody for the last more than 10 months. Therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

Accordingly, the following order:

The Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in Spl.C.No.2785 of 2025 pending before the Court of Additional City Civil and Sessions Judge, FTSC-II Bengaluru, arising out of Crime No.271 of 2025 registered by Nandini Layout Police Station, for the offences punishable under Section 4(2) of POCSO Act, 2012 and Sections 351(2), 65(1) of BNS, 2023, subject to the following conditions: