- 1 - NC: 2025:KHC:11905 CRL.P No. 964 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 964 OF 2025 (439(Cr.PC) / 483(BNSS)-) BETWEEN: SRI MURARI J T @ MAHI S/O LATE THIMMAPPA AGED ABOUT 21 YEARS R/AT JARUGA HALLI, SADALI HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562101 …PETITIONER (BY SRI. DEVENDRA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PERESANDRA POLICE STATION PERESANDRA, CHIKKABALLAPUR, REPRESENTED BY: STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560001 2. * * * …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1, R2 - SERVED.) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.0155/2024 LATER REGISTERED AS SPL.SC.NO.176/2024 FOR THE OFFENSES Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11905 CRL.P No. 964 of 2025 P/U/S 65(1), 137(2), 127(2) OF BNS AND SECTION 4 OF POCSO ACT, 2012 REGISTERED BY PERESANDARA POLICE STATION, CHIKKABALLAPUR DISTRICT (1ST RESPONDENT HEREIN) AS BAIL APPLICATION FILED BY THE PETITIONER IN SPL.SC (POCSO) NO.176/2024 BEFORE THE COURT OF ADDITIONAL SESSIONS JUDGE AND FTSC-I (POCSOA), AT CHIKKABALLAPUR WAS REJECTED VIDE ORDER DATED 31.12.2024 COUPLED WITH SUCH OTHER CONDITION AS THIS HON'BLE 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.C.No.176/2024, pending before the Court of Additional Sessions Judge and Fast Track Special Court - I (POCSOA), arising out of Crime No.155/2024 registered by Peresandra Police Station, for the offences punishable under Sections 65 (1), 137(2), 127(2) of Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS') and Section 4 of Protection of Children from Sexual Offences Act (for short 'the POCSO Act'), 2012, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking regular bail. - 3 - NC: 2025:KHC:11905 CRL.P No. 964 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.155/2024 was registered by Peresandra Police, Chikkaballapura District, initially for the offences punishable under Section 137 (2) of the BNS 2023 against the petitioner herein, based on the first information dated 18.09.2024, submitted by the respondent No.2, who is the mother of the victim girl. During the course of investigation, the petitioner and victim girl were traced. The petitioner was arrested on 19.09.2024 and subsequently, remanded to judicial custody. The investigation in the case is completed and charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in Spl.S.C.(POCSO) No.176/2024 was rejected on 31.12.2024, therefore, he is before this Court. 4. Learned counsel for the petitioner submits that victim girl has not supported the case of the prosecution during her chief examination before the trial. Mother of the victim girl - 4 - NC: 2025:KHC:11905 CRL.P No. 964 of 2025 has appeared before the Trial Court and has stated that she has no objection to grant bail to the petitioner. The petitioner is aged about 20 years and has no antecedents. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. 6. Perusal of the materials on record would go to show that daughter of the first informant, who is the victim in the present case was found missing from their house on 09.09.2024. Efforts made to trace her has failed and therefore, first informant had belatedly approached the police on 18.09.2024. Subsequently, during the course of investigation, the petitioner and victim girl were traced. The petitioner was arrested and remanded to judicial custody on 19.09.2024 and since then he is in custody. The victim girl is now examined before the Trial Court as PW1. Perusal of her examination in chief would go to show that she has not made any allegations against the petitioner, which would prima-facie attract the charge sheeted offences. - 5 - NC: 2025:KHC:11905 CRL.P No. 964 of 2025 7. The mother of the victim girl had appeared before the Trial Court and she has made a statement that she has no objections to grant bail to the petitioner and the Trial Court has taken note of the same in its order dated 31.12.2024, passed in Spl.S.C.No.176/2024. The petitioner aged about 20 years having no other criminal antecedents is in custody for the last more than 7 months. Under such circumstances, 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. The petitioner is directed to be enlarged on bail in Crime No.155/2024 registered by Peresandra Police Station, for the offences punishable under Sections 65 (1), 137(2), 127(2) of the BNS' and Section 4 of the POCSO Act, 2012, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - NC: 2025:KHC:11905 CRL.P No. 964 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 BH List No.: 1 Sl No.: 37