- 1 - NC: 2025:KHC:11826 CRL.P No. 1267 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1267 OF 2025 BETWEEN: SHRI RAJENDRA, S/O LATE SHRI. MUNIKRISHNAPPA, AGED ABOUT 28 YEARS, RESIDING AT. GONIMARADA HALLI, GANJIGUNTE POST, BHASHETAHALLI HOBLI, SHIDLAGATTA TALUK, DISTRICT CHIKKABALLAPURA. (AS PER CHARGESHEET - RAJENDRA M) (JUDICIAL CUSTODY) …PETITIONER (BY SRI. SHANKARAPPA S., ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH DIBBURAHALLI PS, REPRESENTED BY SPP, HIGH COURT COMPLEX, BENGALURU - 560 001. 2. XXX XXX, …RESPONDENTS (BY SRI.NAGESHWARAPPA., HCGP FOR R-1; R-2 SERVED) THIS CRL.P FILED IS U/S 439 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:11826 CRL.P No. 1267 of 2025 COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN U/S 483 IN SPL.SC.NO.151/2024 ON THE FILE OF THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO), IN CRIME NO.88/2024 REGISTERED BY THE DIBBURAHALLI P.S. FOR THE OFFENCES P/U/S 65(1), 126(2), 351(2) OF BNS, 2023 AND SECTION 6, 8, 12 OF POCSO, 2012. 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.151/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.88/2024 registered by Dibburahalli Police Station, Chickballapura, for offences punishable under Sections 65(1), 126(2), 351(2) of BNS, 2023 and Sections 6, 8, 12 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS 2023 seeking regular bail. 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 - NC: 2025:KHC:11826 CRL.P No. 1267 of 2025 3. FIR in Crime No.88/2024 was registered by Dibburahalli Police Station, Chickballapura, for offences punishable under Sections 65(1), 126(2), 351(2) of BNS, 2023 and Sections 6, 8, 12 of POCSO Act against the petitioner herein based on the first information dated 31.07.2024 received from the victim girl. 4. During the course of investigation of the case, petitioner herein was arrested on 01.08.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and chargesheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected. Therefore, he is before this Court. 5. Learned Counsel for the petitioner submits that petitioner is a HIV patient and he has been taking treatment for the same for the past nearly three years. Considering his health conditions for the purpose of his treatment, he has been now shifted from Chickballapur jail - 4 - NC: 2025:KHC:11826 CRL.P No. 1267 of 2025 to Bengaluru Central jail. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP who has opposed the petition does not dispute the health condition of the petitioner. 7. The Hon'ble Supreme Court in the case of Bhawani Singh V/s State of Rajasthan reported in 2022 SCC OnLine SC 1991, considering the fact that the petitioner in the said case was HIV patient has granted bail to him and also has observed that he is entitled to be given the benefit under Section 34(2) of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 which provides for expeditious disposal of the case relating to an accused who suffers from HIV. 8. Material on record shows that petitioner is a HIV positive patient and considering his medical condition, he is now shifted Bangalore Central Jail to enable him to - 5 - NC: 2025:KHC:11826 CRL.P No. 1267 of 2025 take treatment for his ailment. Under the circumstances, without going to the merits and demerits of the case, 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.No.151/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.88/2024 registered by Dibburahalli Police Station, Chickballapura, for offences punishable under Sections 65(1), 126(2), 351(2) of BNS, 2023 and Sections 6, 8, 12 of 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; - 6 - NC: 2025:KHC:11826 CRL.P No. 1267 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. The Trial Court shall extend the benefit of Section 34(2) of the aforesaid Act to the petitioner. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 41