- 1 - NC: 2025:KHC:17743 CRL.P No. 2160 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2160 OF 2025 BETWEEN: SAFWAN YANE SAFWAN KHAN AGED ABOUT 18 YEARS S/O LATE HAKEEM R/AT AJIKURI MANE NEAR NETRAWATHU DHARMASTALA VILLAGE BELTHANGATY TALUK - 574 214. …PETITIONER (BY SRI ARUNA BANGERA, ADV.) AND: 1. STATE OF KARNATAKA REPRESENTED BY PUTTUR WOMEN P.S, MAGANALURU REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. SHAMEEMA W/O U.M UMAR FAROOQ AGED ABOUT 38 YEARS R/AT T.B. CROSS, UJIRE BELTHANGADY TALUK DAKSHINA KANNADA KARNATAKA - 574 214. …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP FOR R-1; SRI B.S. SACHIN, ADV., FOR R-2) Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17743 CRL.P No. 2160 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.NO.271/2024, ON THE FILE OF THE LEARNED HONBLE COURT OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-II (POSCO), AT D.K DISTRICT, MANGALORE, FOR THE OFFENCES P/U/S 64,75,78,351(3) OF BNSS, U/S 4,8,14,15 OF POCSO ACT, U/S 67(B) OF I.T 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 1. Accused No.1 in Spl.C.No.271/2024 pending before the Court of Additional District and Sessions Judge, FTSC-II (POCSO), Mangaluru, Dakshina Kannada District, arising out of Crime No.51/2024 registered by Dakshina Kannada Women Police Station, Dakshina Kannda District for offences punishable under Sections 64, 75, 78, 351(3) of BNS, 2023 and Sections 4, 8, 14 and 15 of POCSO Act, 2012 and Section 67(B) of Information Technology Act, is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.51/2024 was registered by Dakshina Kannada Women Police Station, Dakshina Kannda District for the aforesaid offences against the petitioner herein and - 3 - NC: 2025:KHC:17743 CRL.P No. 2160 of 2025 another, based on the first information dated 20.10.2024 received from respondent No.2, who is the mother of the victim girl aged about 17 years. During the course of investigation of the case, petitioner herein was arrested on 21.10.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the jurisdictional Sessions Court in Spl.C.No.271/2024 was rejected on 20.01.2025. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that petitioner is a youngster aged about 18 years having no criminal antecedents. He is a student studying BBA in Yenepoya College at Mangaluru. Though, the victim girl has been examined in- part before the Trial Court, subsequently, on the last several dates of hearing, she has not appeared before the Trial Court for the purpose of her examination. Considering the fact that petitioner is a student, this Court had earlier granted interim bail to the petitioner in Crl.P.No.12779/2024 but for certain reasons which was beyond the control of the petitioner, he did not appear for his examination. Continued detention of the - 4 - NC: 2025:KHC:17743 CRL.P No. 2160 of 2025 petitioner in custody is likely to have an adverse impact on his career and future prospects. Accordingly, he prays to allow this petition. 5. Per contra, learned HCGP has opposed the petition. She submits that victim girl has made allegations against the petitioner in her statement recorded under Section 161 of Cr.P.C as well as under Section 164 of Cr.P.C. In the event, petitioner is enlarged on bail, he may tamper with the prosecution witnesses. Learned Counsel appearing for respondent No.2, on instructions, submits that he has no objections to allow the bail application. 6. Submissions made on both side are placed on record. 7. FIR has been registered in the present case against the petitioner and another, based on the first information received from the mother of the victim girl on 20.10.2024. In the first information, it is stated that the victim girl, who was aged about 17 years as on the date of registering the FIR, was acquainted to the petitioner since she was studying in 9th Standard and it is alleged that victim girl had stated to her mother that the petitioner was pestering her to love him. It is - 5 - NC: 2025:KHC:17743 CRL.P No. 2160 of 2025 also stated that victim girl had informed the first informant that petitioner had taken her along with him against her wishes and after touching her inappropriately also had sexual intercourse with her and had recorded this act in his mobile phone and subsequently threatened of circulating the obscene videos which he had in his mobile phone. It is under these circumstances, first informant had approached the police. During the course of investigation, petitioner aged about 18 years was arrested on 21.10.2024. Investigation of the case is completed and charge sheet has been filed. 8. Before the Trial Court the case is at the stage of recording evidence. Learned counsel for the petitioner has produced copy of the order sheet of the Trial Court which would go to show that on the last three dates of hearing, victim and her mother were not examined before the Trial Court in view of the request made by them for time. Petitioner aged about 18 years is undisputedly a student and is in custody from 21.10.2024. Learned counsel for the respondent No.2 on instructions, has submitted that he has no objection to allow the bail application. Victim was aged about 17 years as on the date of registering FIR. Continued detention of the petitioner amongst hard core - 6 - NC: 2025:KHC:17743 CRL.P No. 2160 of 2025 criminals is likely to have an adverse impact on his career and future prospects. The allegations found in the charge sheet against the petitioner are required to be proved in a full fledged trial. The very fact that learned counsel for respondent No.2 has submitted that he has no objection to grant bail to the petitioner would go to show that there is no apprehension that the petitioner is likely to tamper with prosecution witnesses. Considering the aforesaid aspects of the matter, more so the age of the petitioner as well as the victim girl, I am of the view that without expressing any opinion on merits and demerits of the case, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 9. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.271/2024 pending before the Court of Additional District and Sessions Judge, FTSC-II (POCSO), Mangaluru, Dakshina Kannada District, arising out of Crime No.51/2024 registered by Dakshina Kannada Women Police Station, Dakshina Kannda District for offences punishable under Sections 64, 75, 78, 351(3) of BNS, 2023 and Sections 4, 8, 14 - 7 - NC: 2025:KHC:17743 CRL.P No. 2160 of 2025 and 15 of POCSO Act, 2012 and Section 67(B) of Information Technology Act, subject to the following conditions: a) Petitioner shall execute a 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 DN