- 1 - NC: 2025:KHC:9370 CRL.P No. 587 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 587 OF 2025 BETWEEN: SRI ASHOKA M.R. @ PUTTA, S/O. LATE RANGASWAMY, AGED ABOUT 25 YEARS, R/O: MENAGARA VILLAGE, MELUKOTE HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 431. …PETITIONER (BY SRI. HARIPRASAD M.B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY: MELUKOTE TOWN POLICE STATION, SRIRANGAPATNA CIRCLE, MANDYA DISTRICT. REPRESENTED BY THE STATE SPECIAL PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001 2. XXX …RESPONDENTS (BY SMT. PUSHAPALATHA, ADDL. SPP, ALONG WITH SRI. VINAY MAHADEVAIAH, HCGP FOR RESPONDENT 1 R2 SERVED) Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:9370 CRL.P No. 587 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL AND RELEASE THE PETITIONER / ACCUSED NO.1 ON BAIL IN SPL NO.257/2024, ON THE FILE OF THE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE-FTSC-II AT MANDYA, ON THE BASIS OF THE CHARGE SHEET / FINAL REPORT SUBMITTED BY THE RESPONDENT POLICE IN CR. NO.88 OF 2024, FOR THE OFFENCES PUNISHABLE U/S. 137(2), 127(3), 87, 63(D) (VI) AND 78 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023, U/S.4, 8 AND 12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT AND U/S.3(1)(W)(I)(II), 3(2) (VA) OF THE SCHEDULED CASTES AND SCHEDULE TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Spl.C.No.257/2024, pending before the Court of Additional Sessions Judge-FTSC-II, Mandya, arising out of Crime No.88/2024 registered by Melukote Police Station, Mandya, for the offences punishable under Sections 137(2), 127(3), 87, 63(d)(vi) and 78 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Sections and 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Section 3(1)(W)(i)(ii), 3(2)(va) of the Scheduled Castes - 3 - NC: 2025:KHC:9370 CRL.P No. 587 of 2025 and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2 who is served in this matter, has remained unrepresented before this Court. 3. FIR in Crime No.88/2024 was registered by Melukote Police Station, Mandya, against the petitioner herein initially for offence punishable under Sections 137(2) of BNS-2023 on the basis of the first information dated 11.08.2024 received from respondent No.2, who is the father of the victim girl aged about 17 years 9 months. 4. During the course of investigation of the case, the petitioner was arrested on 11.09.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed - 4 - NC: 2025:KHC:9370 CRL.P No. 587 of 2025 against the petitioner and other person for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in Spl.C.No.257/2024 was rejected on 21.11.2024. Therefore, he is before this Court. 5. Perusal of the materials on record would go to show that the victim girl was found missing from her house on 09.08.2024 and efforts made to trace her had failed. Therefore, on 11.08.2024, her father had approached the police and since he suspected the petitioner, FIR in Crime No. 88/2024 was registered against petitioner for offence punishable under Sections 137(2) of BNS-2023. 6. During the course of investigation of the case, the victim girl and the petitioner were traced and the petitioner was arrested on 11.09.2024. The statement of the victim girl under Section 164 of Cr.PC was recorded on 22.08.2024. Perusal of the same would go show that, she was acquainted to the petitioner and she had gone along with him and stayed in his sister's house. She has stated - 5 - NC: 2025:KHC:9370 CRL.P No. 587 of 2025 that when she stayed in his sister's house, he had misbehaved with her. She has stated that, when she stayed in the petitioner's sister house for 3 days, petitioner used to come and sleep near her and he used to misbehave with her. She has not made any allegations of petitioner having forcible sexual intercourse with her. Medical examination of the victim girl was performed on 19.08.2024. Doctor who had medically examined the victim girl has stated that, there are no signs of recent sexual intercourse and on further quarry, the Doctor has opined that there was no vaginal or hymen tears. Petitioner aged about 25 years having no criminal antecedents is in custody for more than 5 months. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 6 - NC: 2025:KHC:9370 CRL.P No. 587 of 2025 The petitioner is directed to be enlarged on bail in Crime No.88/2024 registered by Melukote Police Station, Mandya, for the offences punishable under Sections 137(2), 127(3), 87, 63(d)(vi) and 78 of the BNS and Sections and 4, 8 and 12 of POCSO Act and Section 3(1)(W)(i)(ii), 3(2)(va) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, subject to the following conditions: a) The petitioner shall execute personal bond for 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) 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; - 7 - NC: 2025:KHC:9370 CRL.P No. 587 of 2025 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. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 55