- 1 - NC: 2025:KHC:12302 CRL.P No. 3129 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3129 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: PAVAN H M @ PAVAN RX S/O MARIGOWDA, AGED ABOUT 22 YEARS, RESIDING AT NO. HUTHRIKOPAL VILLAGE, HUTRIDURGA HOBLI, KUNIGAL TALUK, TUMAKUR DISTRICT-572126. …PETITIONER (BY SRI. NATARAJU N.,ADVOCATE) AND: 1. STATE BY BYADARAHALLI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. 2. *** …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDL. SPP FOR R1, NOTICE TO R2 IS H/S V/O DATED: 24.03.2025.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL BY ALLOWING THE PETITION, IN CRIME NO. 893/2023, SPL. C. NO.5/2024 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-III, (SPECIAL COURT FOR TRIAL OF CASES FILED UNDER POCSO ACT,) BENGALURU RURAL DISTRICT, BENGALURU, FOR THE Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:12302 CRL.P No. 3129 of 2025 OFFENCE PUNISHABLE UNDER SECTIONS 366, 376(3), 506 OF IPC AND SECTION 3 AND 4 OF POCSO ACT, REGISTERED AGAINST THE PETITIONER/ACCUSED. 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.5/2024 pending before the Court of Additional District and Sessions Judge, FTSC-III, Bengaluru Rural District, arising out of Crime No.893/2023 registered by Byadarahalli Police Station, Bengaluru City, for offences punishable under Sections 366, 376(3), 506 of the Indian Penal Code (for short, 'IPC') and Sections 3 & 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the petitioner and learned Additional SPP for respondent No.1. Respondent No.2 though served in this matter, has remained unrepresented before this Court. - 3 - NC: 2025:KHC:12302 CRL.P No. 3129 of 2025 3. FIR in Crime No.893/2023 was registered by Byadarahalli Police Station, Bengaluru City against the petitioner herein initially for offence punishable under Sections 376 and 366(A) of IPC and Sections 4 & 6 of POCSO Act, on the basis of the first information dated 30.10.2023 received from respondent No.2 who is the mother of the victim girl aged about 13 years. 4. During the course of investigation of the case, petitioner was arrested on 31.10.2023 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been against the petitioner for the aforesaid offences. Bail application filed by the petitioner in Crl.Mis.No.2780/2024 before the Jurisdictional Sessions Court which was rejected on 15.01.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that petitioner aged about 22 years having no criminal antecedents is in custody for the last more than 16 months. Material charge sheet witnesses have been already examined. Evidence of the victim girl (PW-1) and the Doctor (PW-8) do not suggest of any - 4 - NC: 2025:KHC:12302 CRL.P No. 3129 of 2025 penetrative sexual assault by the petitioner. Accordingly, prays to allow the petition. 6. Per contra, Additional SPP has opposed the petition. She submits that victim girl has supported the case of the prosecution and the petitioner has committed heinous offence against a minor girl. Accordingly, prays to dismiss the petition. 7. Prosecution has examined 11 charge sheet witnesses as PWs-1 to 11 out of the 24 charge sheet witnesses cited in the present case. Victim girl has been examined in the present case as PW-1 and her mother has been examined as PW-2. The Doctor who had medically examined the victim girl is examined as PW-8. According to the learned counsel for the petitioner perusal of the deposition of PW-1 and PW-8 do not suggest of any penetrative sexual assault committed by the petitioner on the victim girl. Be that as it may, fact remains, that petitioner aged about petitioner aged 22 years having no criminal antecedents is in custody for the last more than 16 months. Since the prosecution has already examined material charge sheet witnesses, there cannot be any threat that petitioner may tamper the material prosecution witnesses. Out of 24 charge sheet witnesses, till date, only 11 charge sheet - 5 - NC: 2025:KHC:12302 CRL.P No. 3129 of 2025 witnesses have been examined as PWs-1 to 11 and therefore, there are no chances of the trial being completed and case being disposed of in the near soon. Under such circumstances, 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.893/2023 registered by Byadarahalli Police Station, Bengaluru City, for offences punishable under Sections 366, 376(3), 506 of the Indian Penal Code (for short, 'IPC') and Sections 3 & 4 of POCSO Act, 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; 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; - 6 - NC: 2025:KHC:12302 CRL.P No. 3129 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.: 78