- 1 - NC: 2025:KHC:14511 CRL.P No. 2334 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2334 OF 2025 BETWEEN: PAVANA, S/O DODDESAPPA, AGED ABOUT 21 YEARS, R/AT BASAVANAHALLI VILLAGE, NYAMTHI TALUK, DAVANAGERE DISTRICT - 577 233. …PETITIONER (BY SRI. SANDESH T B.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY NYAMATHI POLICE STATION, DAVANAGERE DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. XXX XXX, …RESPONDENTS (BY SMT.PUSHPALATHA B., ADDITIONAL SPP; VIDE ORDER DATED 21.03.2025 NOTICE TO R-2 IS HELD SUFFICIENT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.193/2024 (SPL.C/367/2024) REGISTERED STATE BY NYAMATI POLICE STATION, DAVANAGERE DISTRICT, FOR THE OFFENCES P/U/S 96, 64, 3(5) OF BNS AND SEC.4, 8, 12, 17 OF POCSO ACT Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:14511 CRL.P No. 2334 of 2025 2012 AND SEC.3(1)(w), 3(2)(v) OF SC/ST(PA) ACT 1989, PENDING ON THE FILE OF THE LRD. ADDL. DISTRICT AND SESSIONS COURT FTSC-I AT DAVANAGERE BY ALLOWING THIS PETITION. 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 No.1 in Spl.C.No.367/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I Davanagere, arising out of Crime No.193/2024 registered by Nyamathi Police Station, Davanagere, for offences punishable under Sections 96, 64 read with Section 3(5) of BNS 2023 and Sections 4, 8, 12, 17 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') and Sections 3(1)(w), 3(2)(v) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities Act) Amendment Act 1989 (for short 'SC and ST (POA) Act') is before this Court under Section 483 of BNSS 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent - 3 - NC: 2025:KHC:14511 CRL.P No. 2334 of 2025 No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.193/2024 was registered by Nyamathi Police Station, Davanagere against the petitioner herein initially for the offence punishable under Section 137(2) of BNS 2023, based on first information dated 27.08.2024 received from respondent No.2 who is the mother of victim girl. 4. During the course of investigation of the case, petitioner was arrested on 28.08.2024 and subsequently remanded to judicial custody. After completion of investigation, charge sheet has been filed against accused Nos.1, 2 and two other juvenile accused and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the trial Court in Spl.C.No.367/2024 was rejected on 25.11.2024. Therefore, petitioner is before this Court. 5. Perusal of the material on record would go to show that victim girl was found missing from their house - 4 - NC: 2025:KHC:14511 CRL.P No. 2334 of 2025 on 26.08.2024. Efforts made to trace her had failed and first informant had thereafter approached the police on 27.08.2024 and based on her first information, FIR was registered against petitioner. 6. During the course of investigation of the case, petitioner and the victim girl were traced. After completion of investigation, charge sheet has been filed against accused Nos.1, 2 and two other juvenile accused. As per the charge sheet allegations on 26.08.2024 accused No.2 and another juvenile accused had taken the victim girl in a motorcycle and thereafter, they had left her with accused No.1. Subsequently, the victim girl and the accused No.1 had travelled from Honahalli Bus Stand to Bangalore and thereafter, they had gone to Dharmasthala in a public transport bus. After the petitioner and the victim girl were traced, petitioner was arrested on 28.08.2024 and remanded to judicial custody. 7. The statement of the victim girl was recorded by the Jurisdictional Magistrate under Section 183 of BNSS 2023 on 09.09.2024. Perusal of the said statement would - 5 - NC: 2025:KHC:14511 CRL.P No. 2334 of 2025 go to show that the victim girl has not made any allegations against the petitioner about he committing any act of penetrative sexual assault on her. Petitioner aged about 21 years is in custody from 28.08.2024. Investigation of the case is completed and charge sheet has been filed. Considering the aforesaid aspects of the matter, I am of the opinion that 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 No.1 in Spl.C.No.367/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I Davanagere, arising out of Crime No.193/2024 registered by Nyamathi Police Station, Davanagere, for offences punishable under Sections 96, 64 read with Section 3(5) of BNS 2023 and Sections 4, 8, 12, 17 of POCSO Act and Sections 3(1)(w), 3(2)(v) of SC and ST (POA) Act, subject to the following conditions: - 6 - NC: 2025:KHC:14511 CRL.P No. 2334 of 2025 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; 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 KVR List No.: 1 Sl No.: 46