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Karnataka High Court
N. Durgaprasad vs State Of Karnataka By on 6 March, 2026
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.P No. 15093 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 15093 OF 2025
BETWEEN:
N. DURGAPRASAD
S/O NAGARAJ
AGED ABOUT 25 YEARS,
R/AT NO.3, SLUM BOARD QUARTERS,
BYATARAYANAPURA, MYSORE ROAD,
BENGALURU-26
...PETITIONER
(BY SRI. RAKESH RAJ G., ADVOCATE FOR
SMT. BHAVYA N.G.,ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
SHO, KEMPEGOWDANAGARA PS,
BENGALURU-560 039,
Digitally REP. BY STATE PUBLIC PROSECUTOR,
signed by
LAKSHMI T HIGH COURT OF KARNATAKA,
Location:
High Court BANGALORE-560 001.
of Karnataka
2. B.VIJAYABHASKAR
S/O BASAVARAJU,
AGED ABOUT 52 YEARS,
R/AT NO.18, NEW NO.118,
3RD MAIN, DOBI NANJAPPA BLOCK,
GAVIPURAM, GUTTAHALLI,
K.G.NAGARA, BENGALURU-560 019.
...RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1
R2 SERVED)
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CRL.P No. 15093 of 2025
HC-KAR
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS)
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
SPL.CC.NO.980/2023 ARISING OUT OF CR.NO.29/2023
REGISTERED BY RESPONDENT NO.1, KEMPEGOWDANAGAR
P.S., FOR THE OFFENCES P/U/S 363,366 OF IPC, U/S 3(a), 4,
5(L), 6, 12 OF POCSO ACT, 2012, U/S 9 OF PROHIBITION OF
CHILD MARRIAGE ACT, PENDING BEFORE THE CITY CIVIL
JUDGE, FTSC-1, BENGALURU.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
This petition is preferred to enlarge the petitioner on bail
in Spl.C.C.No.980/2023 pending on the file of the Court of
City Civil and Sessions Judge, FTSC-1, Bangalore.
2. Heard both sides and perused the material on
record.
3. FIR came to be registered in Crime No.29/2023 of
Kempegowdanagar Police Station, Bengaluru City, on a
complaint lodged by the victim's father, for the offence
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punishable under Section 363 IPC. In the FIR dated
04.04.2023, complainant stated that his daughter aged about
17 years, pursuing her studies in one St. Teresa Women's
College, in 2nd PUC, was missing from the house from about
12:30 p.m.
4. Charge sheet was filed against the accused for the
offences punishable under Section 363, 366 of IPC and
Section 3(a), 4, 5(l), 6 and 12 of POCSO Act, 2012 and
Section 9 of the Prohibition of Child Marriage Act, 2006. It is
alleged that the accused / petitioner, kidnapped the minor
daughter of the complainant, aged about 17 years on
04.04.2023 and married her on 06.04.2023 at the shrine of
St. Anthony Mary Church by tying a turmeric thread and
committed penetrative sexual assault on her.
5. The petitioner was arrested on 09.04.2023. During
crime stage, prayer for bail was rejected in
Crl.P.No.5442/2024, Crl.P.No.6030/2024 and
Crl.P.No.6015/2024. After the charge sheet,
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Crl.P.No.608/2024 and Crl.P.No.5635/2024 preferred by the
petitioner to enlarge him on bail were dismissed by this Court.
However, liberty was reserved, to file a fresh petition for bail
after completion of the recording of the victim's evidence.
6. Learned counsel for the petitioner submitted that
victim has been examined as PW.2 and her evidence is
completed, wherein, she admitted that in Ex.P4, i.e., the
statement before the learned Magistrate, she has not alleged
that the accused has committed any sexual assault on her.
Further, she admitted that as she was 18 years, she married
the accused. He contended that the said admission by the
victim establishes that the accused is innocent. He further
contended, now the victim's evidence is recorded and
therefore, the question of tampering her does not arise. The
accused is in judicial custody for nearly 3 years and he may
be enlarged on bail by imposing any conditions.
7. On the other hand, learned High Court
Government Pleader has opposed the prayer for bail
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contending that if the petitioner is granted bail, he may flee
from justice and in that event there will be delay in trial.
8. According to the prosecution, the date of birth of
the victim is 08.08.2005 and therefore, victim was a minor
aged about 17 years and 7 months. Prosecution is relying on
the certificate issued by the school authority to prove the age
of the victim. However, it is a matter for trial.
9. This Court reserved the liberty to the petitioner to
file a fresh petition for bail after completion of the evidence of
the victim. It is brought to the notice of the Court that three
witnesses are already examined before the trial Court,
namely the victim and her parents. Though the evidence
given before the trial Court cannot be discussed or no
observations can be made, which may prejudice the trial,
however, keeping in view that the victim and her parents are
already examined and the petitioner is in judicial custody from
09.04.2023, relief sought by the petitioner can be granted by
imposing appropriate conditions. Accordingly, the following:-
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ORDER
i) Petition is allowed.
ii) Petitioner / accused is ordered to be released on
bail in Spl.CC.No.980/2023 pending before the Court of City
Civil and Sessions Judge, FTSC-1, Bangalore, arising out of
Crime No.29/2023 of Kempegowdanagar Police Station,
Bangalore City, subject to following conditions:
a) Petitioner shall execute a bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only) with
two sureties for the likesum, to the
satisfaction of the learned Sessions Judge.
b) He shall furnish his residential address and
shall inform the Court in case of change in
the address.
c) He shall co-operate for the early disposal of
the case.
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d) He shall not tamper with the prosecution
evidence/witnesses either directly or
indirectly.
e) He shall be regular in attending the Court
proceedings.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
LDC
List No.: 1 Sl No.: 4
