- 1 - NC: 2025:KHC:5529 CRL.P No. 347 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 347 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: ASHWAQ KHAN, AGED ABOUT 57 YEARS, NO. 1/61, 2ND FLOOR, 3RD CROSS, 3RD MAIN, N.G. PALYA, B.G. ROAD, BANGALORE CITY - 560 029. …PETITIONER (BY SRI. SANJAY YADAV B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY S. G. PALYA P.S., BENGALURU, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SRI. SYED ALEEM AGED ABOUT 36 YEARS, NO. 20, D STREET, BEHIND BANGKOK STYLE, CLOTH SHOPE, BENGALURU - 560 001. …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R1; R2 - SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5529 CRL.P No. 347 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CR.NO.432/2024 REGISTERED BY THE COMPLAINANT SUDDAGUNTEPALYA P.S., BANGALORE CITY, FOR ALLEGED OFFENCES P/U/S 4, 5(L), 5(m), 6 OF THE POCSO ACT, 2012, PENDING ON THE FILE OF ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-1, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by the petitioner to enlarge him on bail in Crime No.432/2024 of Suddaguntepalya Police Station, Bengaluru City, registered for offences punishable under Section 4, 5(l), 5(m) and 6 of the POCSO Act, 2012. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. - 3 - NC: 2025:KHC:5529 CRL.P No. 347 of 2025 3. Respondent No.2 / defacto complainant is served but unrepresented. 4. In the complaint lodged by Sri. Syed Aleem, he has alleged that he noticed his son deeply disturbed during his sleep and on enquiry, he revealed that his grand father, i.e., the petitioner herein, has sexually harassed him when he had been to his house during Dasara holidays. Complaint was lodged on 12.12.2024, based on which the aforementioned crime is registered against the petitioner. 5. Learned counsel for petitioner has contended that the entire allegations are false and the petitioner is innocent. The incident is alleged to have taken place in the month of October, 2024, whereas, the complaint is lodged on 12.12.2024, after a delay of 2 months. Hence, there is an inordinate delay in lodging the complaint and therefore, false implication of petitioner cannot be ruled out. - 4 - NC: 2025:KHC:5529 CRL.P No. 347 of 2025 6. It is his further contention that the victim has been examined by the doctor after 60 days and therefore, the medical report pertaining to the victim cannot be accepted. Petitioner has been targeted due to personal enmity at the behest of complainant’s wife, as she is the daughter of the petitioner, born through his first wife, who is separated from the petitioner. He contended that petitioner is in judicial custody since 13.12.2024 and his further detention will not serve any purpose. 7. Learned counsel has relied on a decision of the High Court of Kerala at Ernakulam reported in 2019 SCC Online Ker 1407, and contended that under similar circumstance, bail has been granted to the accused. Accordingly, sought to allow the petition and enlarge the petitioner on bail. 8. Prayer for bail has been vehemently opposed by the learned High Court Government Pleader. He contended that the offence committed by the petitioner is heinous in nature. Wherein, he being the grand-father of the victim - 5 - NC: 2025:KHC:5529 CRL.P No. 347 of 2025 boy, aged only 11 years, has committed sexual assault on him. He contended that the statement of the victim has been recorded under Section 183 of BNSS and medical report also confirms the heinous act committed by the petitioner. He further contended that considering the relationship between the petitioner and the victim, there are chances of threatening the victim in case, the petitioner is enlarged on bail. He has therefore, sought to reject the petition. 9. As per complaint averments, the victim was found deeply disturbed during sleep and on repeated enquiry, he revealed that the petitioner herein, his grand father, has repeatedly harassed him sexually when he had been to his house during Dasara holidays. It is stated, the petitioner was threatening the victim saying he will be killed, if the matter is revealed to others and he even pressed his neck and forced him to do blow job. 10. The delay, if any, in lodging the complaint in a case of this nature is not a ground, at this stage, to doubt - 6 - NC: 2025:KHC:5529 CRL.P No. 347 of 2025 the veracity of the statement of the victim, recorded under Section 183 of BNSS, 2023. The medical report of the victim indicates that anal bleeding has been noticed by the doctor. Investigation is in progress. The date of birth of the victim is 08.04.2014 and therefore, he was only aged about 11 years at the time of incident. As rightly contended by the learned High Court Government Pleader, there are chances of tampering the victim and other witnesses in case the petitioner is granted bail. 11. In the judgment relied on by the petitioner, accused therein was granted bail considering that he was a person aged 70 years and is having various illness including cardiac ailments requiring regular medication and medal consultation. The said judgment is not applicable to the present case. 12. Learned counsel for petitioner has submitted that the petitioner’s mother is old aged woman and she is suffering from various ailments. However, since the - 7 - NC: 2025:KHC:5529 CRL.P No. 347 of 2025 investigation is in progress, this is not a fit case to enlarge the petitioner on bail. 13. Petitioner is at liberty to move the Sessions Court once the charge sheet is filed. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 31 CT: BHK