- 1 - NC: 2025:KHC:15424 CRL.P No. 2506 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 2506 OF 2025 BETWEEN: SRI SWAGATH S S/O SELVAKUMAR AGED ABOUT 29 YEARS No.274, 39TH CROSS PRAKRUTHI LAYOUT, HBR LAYOUT BENGALURU - 560 043. …PETITIONER (BY SRI SARAVANA S, ADVOCATE) AND: 1. THE STATE BY BAGALAGUNTE POLICE STATION BENGALURU - 560 073. REPT. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARTANAKA BUILDING DR B R AMBEDKAR VEEDHI BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI K NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS BAIL PETITION, ENLARGING Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15424 CRL.P No. 2506 of 2025 THE PETITIONER / ACCUSED ON REGULAR BAIL IN CR.No.421/2024, NOW PENDING IN SPL.C.C.No.44/2025 ON THE FILE OF FAST TRACK SPL. COURT-2, (FTSC-II) CITY COURT COMPLEX, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTION 8, 11(4), 12 OF POCSO ACT 2012, BNS 2023 U/S 108, 115(2), 351(2) AND ETC., 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.C.C. No. 44/2024 pending before the Fast Track Spl. Court – 1, Bengaluru, arising out of crime No. 421/2024 registered by the Bagalagunte Police Station, Bengaluru, for offences punishable under Sections 108, 115(2), 351(2) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the B.N.S.) and Sections 8, 11(4), 12 of the POCSO Act, 2012 is before this Court under Section 483 of B.N.S.S. seeking regular bail. 2. Heard learned counsel for petitioner and learned HCGP for respondent No. 1. Respondent No. 2 who is served in the matter has remained unrepresented before this Court. - 3 - NC: 2025:KHC:15424 CRL.P No. 2506 of 2025 3. FIR in crime No. 421/2024 was registered by the Bagalagunte Police Station, Bengaluru, for the aforesaid offences against the petitioner herein based on the first information dated 11.11.2024 received from respondent No. 2 who is the mother of deceased minor girl. During the course of investigation of the case petitioner herein was arrested on 11.11.2024 and subsequently he was remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc. No. 609/2025 was rejected on 29.01.2025. Therefore, petitioner is before this Court. 4. A perusal of the material on record will go to show that the first informant is the mother of the deceased minor girl aged about 16 years and the petitioner herein is the son of younger brother of the first informant. It appears that the petitioner and the victim girl were in love with each other and for certain reason, the victim girl had committed suicide. The allegation against - 4 - NC: 2025:KHC:15424 CRL.P No. 2506 of 2025 the petitioner in the charge sheet is that after his relationship with the victim girl got strained, he had abused her and asked her to go and die. Petitioner is aged about 29 years having no criminal antecedents. He is in custody since 11.11.2024. Investigation of the case is completed and charge sheet is filed. The offence alleged against the petitioner is not punishable with death or life imprisonment. Under the circumstances, I am of the opinion that the prayer of the petitioner for grant of regular bail requires to be answered in the affirmative. 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. 421/2024 of Bagalagunte Police Station registered for the offences punishable under Sections 108, 115(2), 351(2) of B.N.S. and Sections 8, 11(4), 12 of the POCSO Act, 2012 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; - 5 - NC: 2025:KHC:15424 CRL.P No. 2506 of 2025 b) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) 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 LRS List No.: 1 Sl No.: 70