- 1 - NC: 2025:KHC:9997 CRL.P No. 1359 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1359 OF 2025 BETWEEN: PRASHANTHA, S/O NARAYANASWAMY, AGED ABOUT 21 YEARS, R/AT BETTAHALLI VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR - 563 130. …PETITIONER (BY SMT. SHIVAMMA D, ADVOCATE) AND: 1. STATE OF KARNATAKA STATE BY KOLAR WOMEN PS. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. XXX XXX, …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; NOTICE TO R2 IS HELD SUFFICIENT VIDE ORDER DATED 10.03.2025) THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:9997 CRL.P No. 1359 of 2025 CRIME NO.29/2024 BY KOLAR WOMEN POLICE, NOW IN SPL.C.NO.92/2024, PENDING BEFORE THE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR FTSC-1, KOLAR, FOR THE OFFENCES PUNISHABLE OFFENCES PUNISHABLE 363, 376(2) (N) OF IPC AND U/S 6 OF POCSO ACT. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Special Case (POCSO)No.92/2024 pending before the Court of the Additional District and Sessions Judge, FTSC-I (POCSO), Kolar, arising out of Crime No.29/2024 registered by Kolar Women Police Station, Kolar, for offences punishable under Sections 363, 376(2)(n) of IPC and Section 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court in this successive bail application filed under Section 483 of BNSS 2023 seeking regular bail. - 3 - NC: 2025:KHC:9997 CRL.P No. 1359 of 2025 2. Heard the learned counsel for the parties. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. The FIR in the present case was initially registered for the offence punishable under Section 363 of the IPC by the Kolar Women Police Station against unknown person. During the course of the investigation, the petitioner herein was arrested on 11.04.2024 and subsequently, remanded to judicial custody. The bail application filed by the petitioner before the Sessions Court was rejected and therefore he had approached this Court in Crl.P.No.7678/2024, which was dismissed as withdrawn on 22.08.2024 with liberty to the petitioner to approach this Court after examination of the victim girl is completed before the trial court. Under these circumstances, the petitioner is before this Court in the successive bail application. 4. Learned Counsel for the petitioner submits that the victim girl has turned hostile to the case of the - 4 - NC: 2025:KHC:9997 CRL.P No. 1359 of 2025 prosecution. He further submits that the petitioner is aged about 21 years and has no criminal antecedents and he is in custody from 11.04.2024. Accordingly, he prays to allow this petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made the learned Counsel for the petitioner. 6. The victim girl has been examined before the trial court as P.W.1. She has stated that she is aged about 18 years and she has completed her II PUC. She has turned hostile to the case of the prosecution and though the public prosecutor has examined her, nothing material has been elicited from her mouth which is incriminating as against the petitioner. The petitioner, aged about 21 years, is in custody from 11.04.2024. Out of the 30 chargesheet witnesses, the prosecution till date has examined only one chargesheet witness. Under the circumstances, I am of the view that the prayer made by - 5 - NC: 2025:KHC:9997 CRL.P No. 1359 of 2025 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 Special Case (POCSO)No.92/2024 pending before the Court of the Additional District and Sessions Judge, FTSC-I (POCSO), Kolar, arising out of Crime No.29/2024 registered by Kolar Women Police Station, Kolar, for offences punishable under Sections 363, 376(2)(n) of IPC and Section 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; - 6 - NC: 2025:KHC:9997 CRL.P No. 1359 of 2025 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 HDK List No.: 1 Sl No.: 54