(Prayer: This Crl.P. filed u/S. 439 of Cr.P.C (Old) u/S 483 of BNSS (New), praying to allow the petition and release the petitioner on bail in Crime No.11/2026 registered by Gurumitkal Police Station for the offence punishable u/Sec 13792), 352, 35193), r/w Sec 395) of Sec 64(2) (M) of BNS and Sec 6 of the POCSO pending before the Court of Prl District and Sessions Judge at Yadgir in the interest of justice and equity.)

Oral Order

1. Heard Sri. Pradeep Kumar, learned counsel appearing for the petitioner and Sri. Jamadar Shahabuddin, learned High Court Government Pleader for the respondent-State and Sri.B.S.Nasi, learned counsel for respondent No.2.

2. Learned counsel Sri. Pradeep Kumar, submits that the averments made in the complaint are that the petitioner kidnapped the victim and when the complainant and his relatives had been to residence of petitioner to enquire with his parents, the complainant and other their relatives were abused in filthy language by the parents of the petitioner and even the parents of the petitioner tried to assault them. Accordingly, after consulting with the family members, the complainant registered a case against the petitioner herein for the offences punishable under Sections 137(2), 352, 351(3), 3(5) of Bharatiya Nyaya Sanhita (for short, 'BNS, 2023'). The respondent- police having registered the case issued FIR in Crime No.11/2026 of Gurumitkal Police Station, Yadgir district.

3. He further submits that, the victim immediately after coming to the native was taken to the police station but not given any statement before the police. However, after two days with possible tutoring she was made to give statement. Even averments stated in the statement of victim shows that, they are in love affair since 8 years and the case is of love affair between the petitioner and the victim and the petitioner was not aware of the age of the victim. Even the document produced regarding age proof is not the birth certificate, but the certificate issued by the Government High School dated 24.03.2026 stating that the victim was 17 years 7 months as on the date of the incident. As such, the allegations made in the complaint are all false and out of vengeance. He further submits that statement of the victim recorded under Section 164 of Cr.PC goes against the prosecution so also the FSL report.

4. In support of his arguments, learned counsel relied on the decision of the Co-ordinate Bench of this Court in Crl.P.No.100796/2016 dated 23.08.2016 in the case of Ramu vs State of Karnataka, wherein on similar set of facts this Court admitted the petitioner therein on bail. Hence, the petitioner may be admitted on bail and prays to allow the petition.

5. Sri. B.S.Nasi, learned counsel appearing for respondent No.2 argued in consonance with the objections statement filed today and sought to dismiss the petition.

6. Learned High Court Government Pleader supported the contention of learned counsel for respondent No.2 and sought to dismiss the petition.

7. Having considered the rival submission, perused the records submitted with the petition as well as made available by learned HCGP. The statement of the victim, under Section 164 of Cr.PC clearly shows that the victim admitted that there is love affair since 8 years and she eloped along with the petitioner to Hyderabad and stayed there for 3 days. Further victim girl clearly stated that she is desiring to marry him and they had physical contact on free volition and there was no force used by the petitioner against her.

8. Further, a perusal of the FSL report indicate that the specimen sent at serial No.1 to 8 were all negatively opined.

9. The statement of victim under Section 183 of BNSS, 2023 reads as under:



10. In view of the documents i.e. the FSL report as well as the 164 statement, without expressing anything on merits, the petitioner deserves to be admitted to regular bail. Hence, I proceed to pass the following:

ORDER

          The petition is allowed.

          The petitioner is directed to be enlarged on bail in Crime No.0011/26 of Gurmitkal Police Station, registered for the offences punishable under Sections 137(2), 352, 351(3) R/w Sec.3(5) and Sec.64(2)(m) of BNS and Sec.6 of the POCSO, pending before the Court of Prl. District and Sessins Judge at Yadagir, subject to the following conditions:

          a) The petitioner shall execute a personal bond for a sum of Rs.50,000/- with one surety 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 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.