Karnataka High Court
Sri Gopala Reddy vs The State Of Karnataka on 20 March, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2025:KHC:12021
CRL.P No. 1712 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 1712 OF 2025
BETWEEN:
SRI GOPALA REDDY
AGED ABOUT 42 YEARS,
S/O SHIVA REDDY
R/O 1-2 MOHAN RAO COLONY
KADRI ROAD GORANTLASATHASAI
DISTRICT, ANDRAPRADESH - 515 231.
...PETITIONER
(BY SRI PUTTARAJA, ADV.)
AND:
1. THE STATE OF KARNATAKA
BY CHIKKAJALA POLICE STATION
REPRESENTED BY SPP, HIGH COURT
OF KARNATAKA, BENGALURU - 560 001.
Digitally
2. SMT. SOWMAY N
signed by POLICE INSPECTOR
NANDINI MS CCB WOMENS PROTECTION
Location: CELL, BENGALURU - 560 001.
HIGH COURT
OF ...RESPONDENTS
KARNATAKA
(BY SRI NAGESHWARAPPA, HCGP FOR
SRI HARSHITH B, ADV., FOR R-2)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS)
PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL, WHO IS
IN JUDICIAL CUSTODY SINCE 25.10.2024 IN CONNECTION WITH
CR.NO.213 OF 2024 ON THE FILE OF COURT OF THE COURT OF THE
FTSC-1, ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR
THE OFFENCE P/U/S 3, 4 AND 5 OF THE IMMORAL TRAFFIC
PREVENTION ACT, 1956 AND SEC. 4, 8 AND 6 OF THE PROTECTION
OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND SEC. 143(2)
AND 143(3) OF THE BNS, 2023 THAT REGISTERED BY THE
-2-
NC: 2025:KHC:12021
CRL.P No. 1712 of 2025
RESPONDENT POLICE NO.1 CHIKKAJALA P.S., BY ALLOWING THIS
PETITION, ON SUCH TERMS AND CONDITINS AS THIS HONBLE
COURT MAY DEEM FIT TO IMPOSE IN THE CIRCUMSTANCES OF THE
CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.1 in Crime No.213/2024 registered by
Chikkajala Police Station, Bengaluru City, for the offences
punishable under Sections 3, 4 & 5 of Immoral Traffic
Prevention Act, 1956, Sections 4, 6 & 8 of POCSO Act, and
Sections 143(2) & 143(3) of BNS, 2023, is before this Court
under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.213/2024 was registered by Chikkajala
Police Station, Bengaluru City, for the aforesaid offences
against the petitioner herein based on the first information
dated 25.10.2024 received from Sowmya, Police Inspector who
was attached to CCB, Women Protection Wing, Bengaluru.
During the course of investigation, petitioner herein was
arrested on 25.10.2024 and subsequently remanded to judicial
custody. Investigation of the case is completed and charge
NC: 2025:KHC:12021
sheet is filed against eight accused persons and petitioner is
arrayed as accused no.1 in the charge sheet. His bail
application filed in Crl. Misc. No.392/2025 before the
jurisdictional Sessions Court was dismissed on 24.01.2025.
Therefore, he is before this Court.
4. Learned Counsel for the petitioner submits that the
victim's age becomes doubtful since she has stated that she
has studied upto PUC. He has produced the copy of the
Aadhaar card allegedly submitted by the victim in a lodge and
submits that as per the date of birth found in the Aadhaar card,
victim is a major. Petitioner has no other criminal antecedents.
Investigation of the case is completed. Accordingly, he prays to
allow the petition.
5. Learned HCGP and the learned Counsel for respondent
no.2 have opposed the petition. They submit that the victim girl
has made serious allegations against the petitioner and the
victim girl's school records are produced which would prima
facie go to show that she is a minor. They have also relied upon
the judgment of the Hon'ble Supreme Court in the case of
SAROJ & OTHERS VS IFFCO-TOKIO GENERAL INSURANCE CO.
NC: 2025:KHC:12021
& ORS. - 2024 INSC 816, and submits that Aadhaar card
cannot be relied to prove the age of the victim girl.
6. First information was registered against the petitioner
based on the credible information that the petitioner was
involved in the racket of prostitution and he was using the
services of minor girls for his illegal business. During the course
of raid that was conducted to a premises within the jurisdiction
of Chikkajala Police Station, petitioner was apprehended and
the victim girl who was a minor was rescued. Subsequently,
petitioner was arrested and remanded to judicial custody.
Statement of the victim girl was recorded under Section 161
Cr.PC and also under Section 164 Cr.PC subsequently, and in
the said statements, victim girl has made allegations against
the petitioner that he had committed penetrative sexual assault
on her. To prove the age of the minor, the school records of the
victim girl have been collected by the Investigation Officer and
the statement of the Headmaster who has issued the certificate
of age proof of the victim girl is also recorded by the
Investigation Officer.
NC: 2025:KHC:12021
7. The Hon'ble Supreme Court in Saroj's case supra, has
observed that Aadhaar card cannot be used to establish the
proof of date of birth. There is allegation against the petitioner
that he has not only committed penetrative sexual assault on
the victim girl, but he also has used her services for the
purpose of his illegal business of prostitution. Under the
circumstances, I am of the opinion that petitioner's prayer for
grant of regular bail cannot considered at this stage.
Accordingly, petition is dismissed.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KK
