- 1 - NC: 2025:KHC:11531 CRL.P No. 3043 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3043 OF 2025 BETWEEN: RAHIL PASHA S/O AKMAL AGED ABOUT 23 YEARS RESIDING AT ADAGAL VILLAGE TALUKA SRINIVASAPURA DISTRICT KOLAR - 563 161. …PETITIONER (BY SMT. SHRAVANI REDDY Y.R, ADV., FOR SRI VISHNUMURTHY, ADV.) AND: 1. STATE OF KARNATAKA BY CHINTAMANI TOWN P.S. CHINTAMANI, REP BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP FOR R-1; SRI C.P. PRAVEEN, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN SPL.S.C.NO.20/2023 (CR.NO.196/2022) IN CHINTAMANI TOWN P.S. FOR AN OFFENCE U/S 366,376, 506 OF I.P.C AND SECTION 4 AND 12 OF POCSO ACT, WHICH IS PENDING ON Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11531 CRL.P No. 3043 of 2025 THE FILE OF HONBLE ADDITIONAL SESSIONS JUDGE, FAST TRACK SPECIAL COURT-I (POSCO), CHIKKABALLAPUA. 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 No.1 in Spl.S.C.No.20/2023 pending before the Court of Additional Sessions Judge FTSC-I (POCSO), Chikkaballapura, arising out of Crime No.196/2022 registered by Chintamani Town Police Station, Chickballapura, for the offences punishable under Sections 366, 376 and 506 of IPC and Sections 4 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 parties. 3. FIR in Crime No.196/2022 was registered by Chintamani Town Police Station, Chickballapura, initially for the offence punishable under Section 363 of IPC against the petitioner and others based on the first information dated 25.09.2022 received from respondent No.2, who is the father of the victim girl. During the course of investigation, petitioner herein was arrested on 07.02.2023 and remanded to judicial custody. - 3 - NC: 2025:KHC:11531 CRL.P No. 3043 of 2025 Investigation in the case is completed and charge sheet has been filed against two persons. Bail application filed by the petitioner before the jurisdictional Sessions Court in Spl.S.C.No.20/2023 was rejected on 30.09.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that victim girl, who is examined as PW1 before the Trial Court has turned hostile to the case of the prosecution. Petitioner is in custody for the last more than two years. He has no criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. Learned counsel for respondent No.2 submits that he has no objection to grant bail to the petitioner. 6. Petitioner aged about 23 years having no criminal antecedents is in custody since 07.02.2023. During the course of trial, victim girl has been examined as PW 1 and her parents are examined as PW 2 and PW 3. Victim girl as well as her parents have completely turned hostile to the case of the prosecution. Though the public prosecutor has cross-examined - 4 - NC: 2025:KHC:11531 CRL.P No. 3043 of 2025 PW 1 to PW 3, nothing material has been elicited from the mouth of PW 1 to PW 3, which is incriminating as against petitioner. 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:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.S.C.No.20/2023 pending before the Court of Additional Sessions Judge FTSC-I (POCSO), Chikkaballapura, arising out of Crime No.196/2022 registered by Chintamani Town Police Station, Chickballapura, for the offences punishable under Sections 366, 376 and 506 of IPC and Sections 4 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 - 5 - NC: 2025:KHC:11531 CRL.P No. 3043 of 2025 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 DN