CRL.P/13986/2026 of DEVARAJU D E Vs THE STATE OF KARNATAKA on 7 October 2026

ORAL ORDER

1. Accused No.6 in Spl.C.No.100/2026 pending before the Court of the I Additional District and Sessions Judge, Ramanagara, arising out of Crime No.47/2026, registered by Ramanagara Women Police Station, Bengaluru South District, for the offences punishable under Section 9 of the Immoral Traffic Prevention Act, 1956, Sections 6, 14 and 4 of the Protection of Children from Sexual Offences Act, 2012, Section 66(E) of the Information Technology Act, 2000 and Sections 65(1), 351(2) and 144(1) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

HC-KAR

2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent Nos.1 and 3. Respondent No.2, who is the grandmother of the victim girl, though served in the matter, has remained unrepresented before this Court.

3. FIR in Crime No.47/2026 was registered by Ramanagara Women Police Station, Bengaluru South District, for the aforesaid offences, against Raju and others, based on the first information dated 23.04.2026 received from respondent No.3. During the course of investigation of the said case, the petitioner was arrested on 20.07.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.577/2026 was rejected on 20.08.2026. Therefore, he is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds of the petition, submits that the allegations found in the charge sheet would go to show that the petitioner was only a customer in the present case. The victim girl was a stranger to him and accused No.2, who is her aunt, had represented to

HC-KAR

the petitioner that the victim was a major. Investigation of the case is now completed. The petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader, who has opposed the petition submits that the victim girl is a minor and therefore, the charge sheeted offences get attracted against the petitioner, who allegedly had sexual intercourse with the victim girl. Accordingly, he prays to dismiss the petition.

6. FIR in the present case was registered for the aforesaid offences against Raju and five others, based on the first information received from respondent No.3, who had approached the police after enquiring the victim girl based on the credible information received. In the said case, the petitioner, who is arrayed as accused No.6, was arrested and remanded to judicial custody.

7. A reading of the first information as well as the charge sheet filed in the present case would reveal that accused No.2- Lakshmi is the aunt of the victim girl, who was staying in her

HC-KAR

grandmother's house. In the month of March 2025, the victim girl had gone to her aunt's house. It is alleged that accused No.2, who is the aunt of the victim girl, had introduced her to accused No.1-Raju. Subsequently, he had taken the victim girl along with him and made her to consume alcohol. Thereafter, he sexually assaulted her and also recorded the said act in his mobile phone and started threatening the victim girl, stating that he would circulate her private videos in social media.

8. It is further alleged that accused No.2 also threatened the victim girl and thereafter had summoned accused Nos.3 to 6 to her house, who allegedly had sexual intercourse with the victim girl in the house of accused No.2. It is under these circumstances, FIR was registered against accused Nos.1 to 6. During the course of investigation, the statement of accused No.2 has been recorded by the Investigation Officer. In the said statement, accused No.2 has stated that, with the intention to gain money by unlawful means, she had suppressed the age of the victim girl and had summoned accused Nos.3 to 6 to her house and after collecting money from them, she had allowed

HC-KAR

them to have sexual intercourse with the victim girl in her house.

9. The statement of the victim girl under Section 183 of BNSS, 2023, has been recorded by the jurisdictional Magistrate in the present case on 06.05.2026. Even the said statement corroborates with the confession statement of accused No.2. The victim girl has also stated that subsequently, the wife of accused No.1 had come near her aunt's house and had quarrelled with the victim girl and her aunt for the reason that the victim girl was found roaming with accused No.1. The victim girl has also stated that she is not aware who had filed police complaint in the present case. From the aforesaid, the contention urged by learned Advocate that the petitioner was a customer with whom the age of the victim girl was suppressed by accused No.2 cannot be simply brushed aside. The petitioner, who has no other criminal antecedents is in custody. Investigation of the case is now completed. Under the circumstances, considering the nature of the allegations found in the FIR as well as the charge sheet against the petitioner, I am of the opinion that the prayer made by the petitioner for

HC-KAR

grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:

O R D E R

i) The Criminal Petition is allowed.

ii) The petitioner is directed to be enlarged on bail in Spl.C.No.100/2026 pending before the Court of the I Additional District and Sessions Judge, Ramanagara, arising out of Crime No.47/2026, registered by Ramanagara Women Police Station, Bengaluru South District, for the offences punishable under Section 9 of the Immoral Traffic Prevention Act, 1956, Sections 6, 14 and 4 of the Protection of Children from Sexual Offences Act, 2012 and Sections 351(2), 65(1) and 144(1) of BNS 2023, Section 66(E) of the Information Technology Act 2000, subject to the following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court

HC-KAR

unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

Sd/- (S VISHWAJITH SHETTY) JUDGE

DN List No.: 1 Sl No.: 58