- 1 - NC: 2025:KHC:14006 CRL.P No. 917 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 917 OF 2025 BETWEEN: SRI. GIRISH, S/O REDDAPPA, AGED ABOUT 31 YEARS, R/A MACHAPPANAHALLI VILLAGE, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. …PETITIONER (BY SRI. DEVENDRA N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PAATAPALYA POLICE STATION, BAGEPALLI, CHIKKABALLAPUR, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; R2 - SERVICE, HELD SUFFICIENT) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14006 CRL.P No. 917 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BALL IN CRIME NO. 0071/2023 LATER REGISTERED AS SPL. SC NO. 121/2023 FOR THE OFFENSES PUNISHABLE UNDER SECTIONS 363, 343 AND 376 (3) OF IPC AND SECTION 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENSES ACT, 2012 AND SECTION 196 OF MOTOR VEHICLES ACT REGISTERED BY PAATAPALYA POLICE STATION, BAGEPALLI, CHIKKABALLAPUR DISTRICT (1ST RESPONDENT HEREIN) AS BAIL APPLICATION FILED BY THE PETITIONER IN CRL. MISC. NO. 800 / 2023 BEFORE THE COURT OF ADDITIONAL SESSIONS JUDGE AND FAST TRACK SPECIAL COURT - I [POCSOA], AT CHIKKABALLAPUR WAS REJECTED VIDE ORDER DATED 21.12.2023. 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.SC (POCSO) No.121/2023 pending before the Court of Addl. District and Sessions Judge, Fast Track Special Court -I (POCSO), Chikkaballapura, arising out of Crime No.71/2023 registered by Patapalya Police Station, Chikkaballapura, for the offences - 3 - NC: 2025:KHC:14006 CRL.P No. 917 of 2025 punishable under Sections 363, 343 and 376 (3) of IPC, Sections 4 & 6 of POCSO Act, 2012 and Section 196 of Indian Motor Vehicles Act, is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned Counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 has been served in the matter but has remained unrepresented. 3. FIR in Crime No.71/2023 was registered by the Patapalya Police Station, Chikkaballapura, against the petitioner herein initially for the offence punishable under Section 363 of IPC based on the first information dated 13.08.2023 received from respondent No.2 who is the grand father of the victim girl. During the course of investigation, the petitioner and victim girl were traced. Petitioner was arrested on 15.08.2023 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the accused. Petitioner is arrayed as accused No.1 in the - 4 - NC: 2025:KHC:14006 CRL.P No. 917 of 2025 charge sheet. His bail application filed before the trial Court in Crl.Misc.No.800/2023 was rejected on 21.12.2023. Therefore, he is before this court. 4. Learned Counsel for the petitioner submits that the victim girl has been already examined before the trial Court and there cannot be any threat or apprehension that material charge sheet witness will be tampered. He further submits that FIR in Crime No.70/2024 was registered by the very same police station on similar allegations and in the said case, charge sheet has been filed against one Krishna. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Petitioner who has no other criminal antecedents is in custody in the present case from 15.08.2023. Perusal of the material on record would go to show that victim girl was found missing from her house on 07.08.2023 and effort made to trace her had failed. Therefore, her - 5 - NC: 2025:KHC:14006 CRL.P No. 917 of 2025 grand father had approached the police on 13.08.2023. Subsequently, victim girl and the petitioner were traced and petitioner was arrested on 15.08.2023. Before the trial Court, victim girl has been completely examined. The prosecution out of 26 charge sheet witnesses cited in the present case has examined only one charge sheet witness till date. 7. Learned counsel for the petitioner has produced material before the Court to show that first informant in the present case has subsequently submitted another complaint before the very same police station, based on which FIR in Crime No.70/2024 was registered on similar allegations and it is brought to the notice of this court that charge sheet is now filed for similar offences in Crime No.70/2024 against one Krishna. 8. Be that as it may, so far as the petitioner is concerned, he is in custody for the last one year and seven months. Before the trial Court, till date only one witness has been examined and therefore, chances of trial being - 6 - NC: 2025:KHC:14006 CRL.P No. 917 of 2025 completed and case being disposed of at the earliest is remote. 9. Considering the aforesaid aspects of the matter, I am of the opinion that without expressing any opinion on the merits of the case, the petitioner's prayer for grant of regular bail is required to be answered in the affirmative. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.71/2023 registered by Patapalya Police Station, Chikkaballapura, for the offences punishable under Sections 363, 343 and 376 (3) of IPC, Sections 4 & 6 of POCSO Act, 2012 and Section 196 of Indian Motor Vehicles Act, subject to the following conditions: a) 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; - 7 - NC: 2025:KHC:14006 CRL.P No. 917 of 2025 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; 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 YN List No.: 1 Sl No.: 33 CT: BHK