- 1 - NC: 2025:KHC:13981 CRL.P No. 888 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 888 OF 2025 BETWEEN: SRI SURESH @ CHINNU, S/O NARASIMHAPPA, AGED ABOUT 23 YEARS, R/A SADENAHALLI VILLAGE, MANCHENAHALLI HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 563 101. …PETITIONER (BY SRI. DEVENDRA N.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY MANCHENAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX XXX, …RESPONDENTS (BY SMT.N.ANITHA GIRISH., HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.0210/2023 LATER REGISTERED AS SPL.SC.NO.149/2023 FOR THE OFFENSES P/U/S 363, 376(2)(n), 376(3), 342 OF IPC AND SECTIONS 11, 5(n), 5(1), 6 OF PROTECTION OF CHILDREN FROM SEXUAL Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13981 CRL.P No. 888 of 2025 OFFENSES ACT, 2012 REGISTERED BY MANCHANEHALLI POLICE STATION, CHIKKABALLAPUR DISTRICT (IST RESPONDENT HEREIN) AS BAIL APPLICATION FILED BY THE PETITIONER IN SPL.S.C.NO.149/2023 BEFORE THE COURT OF ADDITIONAL SESSIONS JUDGE AND FAST TRACK SPECIAL COURT- I (POCSOA), AT CHIKKABALLAPUR WAS REJECTED VIDE ORDER DATED 24.12.2024 COUPLED WITH SUCH OTHER CONDITION AS THIS HONBLE COURT MAY DEEM FIT TO IMPOSE IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.S.C.No.149/2023 pending before the Court Additional District and Sessions Judge, FTSC-I, Chikkaballapur, arising out of Crime No.210/2023 registered Manchenalli Police Station, Chickballapura, for offences punishable under Sections 363, 376(2)(n), 376(3), 342 of IPC and Sections 11, 5(n), 5(1) and 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 439 of Cr.PC seeking regular bail. - 3 - NC: 2025:KHC:13981 CRL.P No. 888 of 2025 2. Heard the learned Counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No. 210/2023 was registered by Manchenalli Police Station, Chickballapura, against petitioner herein initially for offences punishable under Section 363 of IPC based on the first information dated 26.10.2023 submitted by respondent No.2, who is the mother of the victim girl aged about 15 years 2 months. 4. During the course of investigation of the case, petitioner herein was arrested on 26.10.2023 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet is filed against him for the aforesaid offences. Bail application filed by the petitioner before the trial Court in Spl.S.C.No.149/2023 was rejected on 24th December, 2024. Therefore, petitioner is before this Court. - 4 - NC: 2025:KHC:13981 CRL.P No. 888 of 2025 5. Perusal of the material on record would go to show that victim girl has been examined before the trial Court as P.W-1. The victim girl has turned hostile to the case of prosecution and therefore, the said witness was cross-examined by the public prosecutor with the permission of the Court. Nothing material has been elicited from the mouth of the victim girl (P.W-1) even during her cross-examination, which is incriminating as against the petitioner. Petitioner aged about 23 years is in custody for the last nearly one year six months. The prosecution has in all cited 29 charge sheet witnesses and out of the same only one charge sheet witness has been examined till date. Petitioner has no other criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 5 - NC: 2025:KHC:13981 CRL.P No. 888 of 2025 The petitioner is directed to be enlarged on bail in Spl.S.C.No.149/2023 pending before the Court Additional District and Sessions Judge, FTSC-I, Chikkaballapur, arising out of Crime No.210/2023 registered Manchenalli Police Station, Chickballapura, for offences punishable under Sections 363, 376(2)(n), 376(3), 342 of IPC and Sections 11, 5(n), 5(1) and 6 of the POCSO Act, 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; - 6 - NC: 2025:KHC:13981 CRL.P No. 888 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 KVR List No.: 1 Sl No.: 32