- 1 - NC: 2025:KHC:15804 CRL.P No. 2255 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2255 OF 2025 BETWEEN: MR. DEBDAS @ ARJUN DAS S/O SANJITH DAS AGED ABOUT 20 YEARS OCC: STUDENT, R/AT NO.2235 4TH CROSS, 4TH MAIN ROAD HAMPINAGARA, VIJAYANGARA BENGALURU - 560 040. …PETITIONER (BY SRI S.G. RAJENDRA REDDY, ADV.) AND: 1. STATE OF KARNATAKA BY VIJAYANAGAR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP FOR R-1; SMT. AMUDA SELVI, ADV., FOR R-2 - ABSENT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SPL.C.C.NO.22/2025(C.NO.237/2024) FOR THE OFFENCE P/U/S 4,6,12OF PROTECTION OF CHILDREN S FROM SEXUAL OFFECES ACT 2012 AND SEC.64(2),351(3) OF THE BNS 2023 REGISTERED IN VIJAYNAGAR P.S PENDING ON THE FILE OF HONBLE ADDL.CITY CIVIL AND SESSIONS JUDGE FTSC-V BENGALURU. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15804 CRL.P No. 2255 of 2025 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 Spl.CC.No.22/2025 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-V, Bengaluru, arising out of Crime No.237/2024 registered by Vijayanagar Police Station, Bengaluru City, for the offences punishable under Sections 64(2) and 351(3) of BNS, 2023 and Sections 4, 6 and 12 of the POCSO Act, 2012, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned Addl. SPP, for respondent No.1. Though the matter was called twice, learned counsel for respondent No.2 is absent. 3. FIR in Crime No.237/2024 was registered by Vijayanagar Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 13.11.2024 received from respondent No.2, who is the mother of the victim girl aged about 16 years. During the course of investigation, petitioner herein was arrested on 14.11.2024 and subsequently, remanded to judicial custody. - 3 - NC: 2025:KHC:15804 CRL.P No. 2255 of 2025 Investigation in the case is completed and charge sheet has been filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.660/2025 was rejected on 05.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner is a student aged about 20 years and he is in custody from 14.11.2024. Investigation in the case is completed and charge sheet has been filed. The medical records of the victim girl does not support the allegations made by her against the petitioner. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP submits that the victim girl has made allegations against the petitioner in her statement recorded under Section 161 of Cr.P.C. as well as in her statement recorded under Section 164 of Cr.P.C. In the event, petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly, she prays to dismiss the petition. 6. A perusal of the material on record would go to show that petitioner and the victim girl are students. First information is - 4 - NC: 2025:KHC:15804 CRL.P No. 2255 of 2025 submitted by the mother of the victim girl after the victim girl allegdly revealed about the acts committed by the petitioner. After registration of FIR against the petitioner, the victim girl was subjected to medical examination and medical examination report of the victim girl would reveal that she had not suffered any external injuries on her body and all her private parts including hymen were found to be normal. As rightly contended by learned counsel for the petitioner, though the victim girl has made allegations against the petitioner about he committing penetrative sexual assault on her on multiple occasions, the medical records of the victim girl do not prima facie suggest of any such repeated penetrative sexual assault on the victim girl. The material on record would go to show that petitioner is a student pursuing his BBA course in St. Josephs College at Bengaluru. Petitioner is aged about 20 years having no criminal antecedents and is in custody from 14.11.2024. His continued detention amongst hard core criminals is likely to have an adverse impact on his career and future prospects. Investigation in the case is completed and charge sheet has been filed. Under the circumstances, I am of the opinion that - 5 - NC: 2025:KHC:15804 CRL.P No. 2255 of 2025 his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.CC.No.22/2025 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-V, Bengaluru, arising out of Crime No.237/2024 registered by Vijayanagar Police Station, Bengaluru City, for the offences punishable under Sections 64(2) and 351(3) of BNS, 2023 and Sections 4, 6 and 12 of the POCSO Act, 2012, 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; - 6 - NC: 2025:KHC:15804 CRL.P No. 2255 of 2025 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