- 1 - NC: 2025:KHC:5528 CRL.P No. 365 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. 365 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. SRIKANTH, S/O LOKESH, AGED ABOUT 23 YEARS, PRESENT R/O: THIMMASANDRA VILLAGE, BAETHAMANGALA HOBLI, KGF TALUK - 563 120 PERMANENT ADRESS MUTHENAHALLI VILLAGE, BOODIKOTE HOBLI, BANGARPET TALUK - 563 114. …PETITIONER (BY SRI. NARAYANASWAMY K.N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BETHAMANGALA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE - 560 001. 2. (VICTIM. SHE BEING MINOR) R2.IS MOTHER OF THE VICTIM WHO IS THE NATURAL GUARDIAN) SMT. KALYANI, W/O VIJAY KUMAR, AGED ABOUT 34 YEARS, R/AT THIMMASANDRA VILLAGE, BETHAMANGALA HOBLI, KGF TALUK, KOLAR DISTRICT - 563 120. …RESPONDENTS (BY SRI. ASMA KOUSER, ADDL. SPP FOR R1; R2 IS SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5528 CRL.P No. 365 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SEC.483 OF THE CODE OF BNSS 2023 IN CR.NO.123/2024 IN SPL.(POCOS) NO.190/2024 IN BETHAMANGALA P.S. FOR THE OFFECNE P/U/S 376 OF IPC AND SEC.4 OF THE POCSO ACT 2012 PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE (POCSO) FTSC-1 AT KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Instant petition under Section 483 of BNSS 2023 is preferred to enlarge the petitioner on bail in Crime No.123/2024 of Bethamangala Police Station, KGF. 2. FIR is registered on a complaint lodged by the minor victim against the petitioner for the offence punishable under Section 4 of the POCSO Act, 2012. Charge sheet is filed for offences punishable under Section 376 of IPC and Section 4 of the POCSO Act. 3. As per complaint averments, about 10 months prior to lodging of the complaint, petitioner is alleged to have committed sexual intercourse with the victim. The - 3 - NC: 2025:KHC:5528 CRL.P No. 365 of 2025 incident is alleged to have taken place between 01.11.2023 and 30.11.2023. The complaint is lodged on 09.09.2024. 4. Learned Additional SPP has contended that the date of birth of the victim is 12.07.2007, as per school records and therefore, she was a minor as on the date of commission of offence. Further contended that as per medical report, sexual violence cannot be ruled out, hence there is a prima-facie case. She has therefore, contended that petitioner is not entitled for bail. 5. I have perused the statement of the victim recorded under Section 164 of Cr.P.C. She has not made any allegation of sexual assault committed on her by the petitioner. Investigation is completed and charge sheet is filed. Prosecution has to establish its case in a full fledged trial. Petitioner is in judicial custody from 09.09.2024. His further detention may not be necessary, in the facts and circumstances of the case. Hence, the following:- - 4 - NC: 2025:KHC:5528 CRL.P No. 365 of 2025 ORDER i) Petition is allowed. ii) Petitioner / accused in Crime No.123/2024 of Bethamangala Police Station, KGF, is ordered to be released on bail subject to following conditions: a) He 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 jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. - 5 - NC: 2025:KHC:5528 CRL.P No. 365 of 2025 e) He shall appear before the trial Court on all dates of hearing without fail. Violation of bail conditions shall lead to cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 32