- 1 - NC: 2025:KHC:6272 CRL.P No. 443 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 443 OF 2025 BETWEEN: DHARMAPAL S/O GANGADHAR, AGED ABOUT 25 YEARS, R/A AK COLONY, PALAVALLI VILLAGE, NAGALAMADIKE HOBLI, PAVAGADA TALUK, TUMAKURU - 572136 (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. MAHAMMADVASEEM S MULLA,ADVOCATE) AND: 1. STATE OF KARNATAKA BY NANDINI LAYOUT PS, BENGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU- 560001 2. SHASHIKALA, W/O NAGESH, AGED ABOUT 35 YEARS, R/A NO.539, 3RD BLOCK, KSCB QUARTERS, JAI BHUVANESHWARI NAGAR, NANDINI LAYOUT, BENGALURU - 560096. …RESPONDENTS (BY SRI. RANGASWAMY R.,HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER ON BAIL IN SPL.C.NO.2464/2024, PENDING ON THE FILE OF HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE FTSC-II, BANGALORE, FOR THE OFFENCES P/U/S 5(l) AND 6 OF POCSO ACT, 2012, U/S 376(2) OF IPC, U/S 137(2) OF BNS, 2023, INSTITUTED BASED ON THE CHARGE SHEET FILED BY RESPONDENT NO.1 NANDINI LAYOUT P.S., IN Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6272 CRL.P No. 443 of 2025 CR.NO.255/2024.THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-II, BENGALURU HAS DISMISSED THE BAIL PETITION ON 06.01.2025 IN CRL.MISC.NO.11621/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader, learned counsel for de facto complainant and perused the material on record. 2. Charge sheet is filed against the petitioner for offences punishable under section 376(2)(n) of Indian Penal Code, 1860 [for short, IPC], section 137(2) of BNS, 2023 and sections 5(l), 6 of the Protection of Children from Sexual Offences Act, 2012 [for short, POCSO ACT]. 3. It is the case of prosecution that on 15.03.2024 at about 11am, the accused/petitioner, inducing the minor victim, daughter of the de facto complainant, took her to his room situated at Vivekananda Colony, Kanakapura Road, 2nd cross, 2nd main, J.P.Nagar, Bengaluru, and on the pretext of marriage, committed forcible penetrative - 3 - NC: 2025:KHC:6272 CRL.P No. 443 of 2025 sexual assault on her and thereafter, repeated the said act several times, on account of which, she became pregnant. Further, on 01.08.2024 at about 12noon, he kidnapped her and detained her in the house of his grand mother. 4. First informant, mother of the victim girl lodged a complaint with Nandini Layout Police Station on 02.08.2024 noticing her daughter missing from the house from 01.08.2024. She suspected that petitioner has kidnapped her daughter. Based on the complaint, initially a case in Crime No.255/2024 was registered at Nandini Layout Police Station for the offence under section 137(2) of BNS, 2023. 5. After the victim was traced, statement was recorded by the police as well as by the learned Magistrate under section 164 of Criminal Procedure Code, 1973. 6. Learned High Court Government Pleader has contended that investigation regarding collection of blood samples from the victim, child and petitioner is pending - 4 - NC: 2025:KHC:6272 CRL.P No. 443 of 2025 and while filing the charge sheet, the police have sought permission to conduct further investigation. 7. Learned counsel for the petitioner has submitted that the evidence of the victim and her parents have been recorded and none of them have supported the case of prosecution. He contended that the victim who is examined as PW.2 has completely denied the prosecution case and she has denied that the accused has kidnapped or committed sexual intercourse with her. Copies of the depositions of PWs.1 to 3 are furnished along with a memo. 8. Learned counsel appearing for the de facto complainant submits that the de facto complainant has no objection to grant bail to petitioner. 9. In this case, the victim has refused to undergo medical examination and therefore no medical examination was conducted and there is no medical report pertaining to the victim. - 5 - NC: 2025:KHC:6272 CRL.P No. 443 of 2025 10. The victim and her parents are already examined before the trial Court. Hence, the question of tampering the said witnesses does not arise. Their evidence cannot be appreciated and no observations can be made on the merits of the case, which may prejudice both the parties. Even though it is stated in the charge sheet that the investigation regarding collection of blood samples is pending, so far, blood samples are not collected for conducting DNA examination. The petitioner is in judicial custody. Hence, by imposing suitable conditions, petitioner can be released on bail. 11. Accordingly, the following:- ORDER Petition is allowed. Petitioner/accused in Spl.C. No.2464/2024 pending on the file of the Additional City Civil and Sessions Judge, FTSC-II [Crime No.255/2024 of Nandini Layout Police Station], Bengaluru, shall be enlarged on bail, subject to following conditions: - 6 - NC: 2025:KHC:6272 CRL.P No. 443 of 2025 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Observations made in this order are confined to the disposal of this petition. Sd/- (MOHAMMAD NAWAZ) JUDGE NV List No.: 1 Sl No.: 34