- 1 - NC: 2025:KHC:10113 CRL.P No. 1445 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. 1445 OF 2025 BETWEEN: SRI RAKESH S/O SADASHIVA KOTIAN AGED ABOUT 33 YEARS R/AT NO.157/1, SOWMYA KRUPA GUNDADAKERE HOUSE KUKUNDUR UDUPI - 576 714 PRESENTLY RESIDING AT C/O SIDDU HOUSE, NO.481, 2ND FLOOR OPP OXFORD SCHOOL 6TH CROSS 1ST MAIN ROAD, GOKULA MATTIKERE YASHWANTHPUR, BENGALURU - 560 054. …PETITIONER (BY SRI SACHIN K NAIK, ADV.) AND: 1. STATE OF KARNATAKA BY YESHWANTHAPUR POLICE STATION BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BENGALURU - 560 009. 2. XXX …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND THEREBY ENLARGE THE PETITIONER ON BAIL IN CR.NO.418/2024 REGISTERED BY THE YASHWANTHAPURA POLICE STATION FOR THE OFFENCE P/U/S 351(3) AND 78 OF BNS AND SEC. 8 AND 12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, PENDING ON THE Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10113 CRL.P No. 1445 of 2025 FILE OF FTSC-I, ADDL, CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.418/2024 registered by Yeshwanthapura Police Station, Bengaluru City, for the offences punishable under Sections 351(3) & 78 of BNS 2023 and Sections 8 & 12 of the POCSO Act, is before this Court under Section 483 of BNSS 2023, seeking regular bail. 2. Heard the learned Counsel for the petitioner and the learned HCGP for the respondent-State. Respondent no.2 though served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.418/2024 was registered by Yeshwanthapura Police Station, Bengaluru City, against the petitioner for the aforesaid offences based on the first information dated 19.12.2024 received from respondent no.2 who is the father of the victim girl aged about 10 years. During the course of investigation, petitioner herein was arrested on - 3 - NC: 2025:KHC:10113 CRL.P No. 1445 of 2025 20.12.2024 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. 11943/2024 was dismissed on 13.01.2025. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that charge sheet has been filed for the aforesaid offences and the maximum punishment for the alleged offences is imprisonment for a period of five years. Petitioner has no criminal antecedents. He, accordingly prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, does not dispute the submissions made by the learned Counsel for the petitioner. 6. In the first information dated 19.12.2024, it is averred that the petitioner was residing in the house adjacent to the house of the first informant and he was misbehaving and inappropriately touching the minor daughter of the first informant who was aged about 10 years. Therefore, the first informant had shifted his house and inspite of the same, the petitioner started following the victim girl, and on 15.12.2024 at about 9.00 p.m., when the victim girl was returning from - 4 - NC: 2025:KHC:10113 CRL.P No. 1445 of 2025 tuition, the petitioner who followed her, caught hold of her and misbehaved with her stating that he was in love with her. When the first informant tried to interfere, the petitioner allegedly threatened him with dire consequences. It is in this background, the first informant had approached the police on 19.12.2024 and submitted the first information. 7. During the course of investigation, petitioner was arrested on 20.12.2024. Investigation of the case is completed and charge sheet has been filed for the aforesaid offences. Undisputedly, petitioner has no other criminal antecedents. The maximum punishment for the alleged offences is imprisonment for a period of five years. Considering the aforesaid aspects of the matter, 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: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.418/2024 registered by Yeshwanthapura Police Station, Bengaluru City, for the offences punishable under Sections 351(3) & 78 of BNS 2023 and - 5 - NC: 2025:KHC:10113 CRL.P No. 1445 of 2025 Sections 8 & 12 of the POCSO Act, 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; 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 KK