- 1 - NC: 2025:KHC:11656 CRL.P No. 2483 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2483 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: KUMAR S/O RAMESH, AGED ABOUT 31 YEARS, R/AT NO UDDURU VILLAGE, HUNSUR TALUK, MYSURU DISTRICT - 571105. …PETITIONER (BY SRI. MAHADEVA SWAMY P., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH KOWLANDE POLICE STATION, NANJANAGUDU TOWN CIRCLE, MYSURU, REP. BY STATE PUBLIC PROSECUTOR, ATTACHED HIGH COURT BUILDING, AMBEDKAR VEEDI, BANGALORE -01. 2. **** …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDL SPP FOR R1. R2 -sd) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE ON BAIL IN SPL.C.NO.595/2023 (CR.NO.48/23) REGISTERED AT KOWLANDE POLICE STATION, NANJANAGUDU TOWN CIRCLE, FOR THE OFFENCE U/S 366(a), 376(2)(n) OF IPC AND U/S 5(L) AND 6 OF PROTECTION OF Digitally signed by NANDINI B G Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11656 CRL.P No. 2483 of 2025 CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND SEC. 9, 10, 11 OF THE PROTECTION OF CHILD MARRIAGE ACT-2006 PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, MYSURU. THIS PETITION, COMING ON 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.595/2023, pending before the Court of Additional District and Sessions Judge, FTSC- 1, Mysuru, arising out of Crime No.48/2023 registered by Kowlande Police Station, Mysuru, for offences punishable under Sections 366(a), 376(2)(n) of Indian Penal Code (for short, 'IPC'), Section 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006 (for short, 'PCMA') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent No.1. Respondent - 3 - NC: 2025:KHC:11656 CRL.P No. 2483 of 2025 No.2 though served in this matter, has remained unrepresented before this Court. 3. Perusal of the materials on record would go to show that in the present case, petitioner who was arrested on 08.06.2023 was released on bail on 28.07.2023 by the Trial Court. It appears that subsequently he had not appeared before the Trial Court on regular dates of hearing and therefore, steps were taken to secure his presence and he was produced before the Trial Court on 06.01.2025 and remanded to judicial custody. Bail application filed by the petitioner before the Trial Court has been rejected on 25.01.2025. The fact remains that, on the merits of the case, petitioner was granted regular bail by the Trial Court itself. But only for the reason that he had not appeared on the regular dates of hearing, his presence was secured and he is remanded to judicial custody. For the mistake committed by the petitioner, he has been sufficiently punished. Undisputedly, petitioner has no other criminal antecedents. Considering the - 4 - NC: 2025:KHC:11656 CRL.P No. 2483 of 2025 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 The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.48/2023 registered by Kowlande Police Station, Mysuru, for offences punishable under Sections 366(a), 376(2)(n) of IPC, Section 5(L) and 6 of POCSO Act and Sections 9, 10 and 11 of PCMA, 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; - 5 - NC: 2025:KHC:11656 CRL.P No. 2483 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 him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 57