- 1 - NC: 2025:KHC:10003 CRL.P No. 849 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 849 OF 2025 BETWEEN: SRI. B. GANESHA, S/O BABANNA, AGED ABOUT 30 YEARS, R/A VAJRANAGENAHALI VILLAGE, MULBAGAL TALUK KOLAR DISTRICT - 563 131. …PETITIONER (BY SRI. SRINATH B.V, ADVOCATE FOR SRI. NANJUNDA GOWDA M.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY NANGLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. XXX XXX, …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; NOTICE TO R2 HELD SUFFICIENT VIDE ORDER DATED 07.03.2025) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10003 CRL.P No. 849 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN SPL.S.C IPC AND SC/ST NO.07/2022 IN CR.NO.58/22 OF NANGLI POLICE STATION WHICH IS NOW PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-1 (POCSO) AT KOLAR FOR THE OFFENCES PUNISHABLE UNDER SECTION 363, 376(2)(i) OF IPC AND SECTION 6 OF POCSO ACT, 2012 AND SECTION 3(1)(w)(i)(ii) AND 3(2)(v) OF SC/ST (POA) ACT. 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 IPC and SC/ST No.7/2022 pending before the Court of Additional District and Sessions Judge, FTSC-I, Kolar, arising out of Crime No.58/2024 registered by Nangil Police Station, Kolar, for offences punishable under Sections 363, 376(2)(i) of IPC, Section 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') and Sections 3(1)(w)(i)(ii) and 3(2)(v) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities Act) 1989 (for - 3 - NC: 2025:KHC:10003 CRL.P No. 849 of 2025 short 'SC and ST (POA) Act') is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the parties. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. Learned Counsel for the petitioner submits that on the merits of the case petitioner was earlier granted regular bail by the Trial Court on 2nd December, 2022 and for the reason that he had not appeared before the Trial Court on the regular dates of hearing, his presence was secured on 28.03.2024 and on the said date he was remanded to judicial custody. All the material chargesheet witnesses have been already examined in the present case and therefore, petitioner’s custody is no more required. Accordingly, he prays to allow this petition. 4. Per contra, learned HCGP who has opposed the petition does not dispute the submission made the learned Counsel for the petitioner. - 4 - NC: 2025:KHC:10003 CRL.P No. 849 of 2025 5. Perusal of the material on record would go to show that petitioner who was chargesheeted for the aforesaid offences is being tried for the chagesheeted offences before the Trial Court in Spl.S.C IPC and SC/ST No.7/2022 and the Trial Court by order dated 2nd December, 2022 has granted regular bail to the petitioner. It appears that subsequently, the petitioner had absented himself before the Trial Court on the regular dates of hearing and under these circumstances coercive steps were taken against the petitioner to secure his presence and his presence was secured on 28.03.2024 and on the said date he was remanded to judicial custody by the Trial Court. 6. It is brought to the notice of this Court that all the chargesheeted witnesses have been examined before the Trial Court in this Case. For the mistake committed by the petitioner, by not appearing before the Trial Court, he has been sufficiently punished. On the merits of the case petitioner has been granted regular by the Trial Court. - 5 - NC: 2025:KHC:10003 CRL.P No. 849 of 2025 Under the circumstances, I am of the view 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. The petitioner is directed to be enlarged on bail in Spl.S.C IPC and SC/ST No.7/2022 is pending before the Court of Additional District and Sessions Judge, FTSC-I, Kolar, arising out of Crime No.58/2024 registered by Nangil Police Station, Kolar, for offences punishable under Sections 363, 376(2)(i) of IPC, Section 6 of POCSO Act and Sections 3(1)(w)(i)(ii) and 3(2)(v) of SC and ST (POA) 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 - 6 - NC: 2025:KHC:10003 CRL.P No. 849 of 2025 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 his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 53 CT: BHK