- 1 - HC-KAR NC: 2025:KHC:22434 CRL.P No. 3331 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3331 OF 2025 BETWEEN: CHETHAN T V, S/O VASAPPA MOGERA, AGED ABOUT 22 YEARS, OCC.-COOLIE, R/AT- THOTA DHARKASU HOUSE, NELYADY VILLAGE, KADABA TALUK, D.K. - 574 221. (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY MS.POOJ KATTIMARI., ADVOCATE FOR SRI.DINESH KUMAR RAO K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY UPPINANGADY POLICE STATION, D.K - 574 223. REP BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. XXX XXX …RESPONDENTS (BY SRI.RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE PETITIONER ON BAIL IN Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22434 CRL.P No. 3331 of 2025 SPL.C NO.5020/2023 OF THE PENDING ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE, D.K. MANGALURU SITTING AT PUTTUR D.K (CHARGE SHEETED FOR O/P/U/S 376(3), 506 OF IPC AND U/S 4(2) OF POCSO ACT). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C.No.5020/2023 pending before the Court of V Additional District and Sessions Judge and Special Judge, Dakshina Kannada, Mangaluru sitting at Puttur, arising out of Crime No.133/2022 registered by Uppinangadi Police Station, Dakshina Kannada District, for offences punishable under Sections 376(3), 506 of IPC and Section 4(2) of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. - 3 - HC-KAR NC: 2025:KHC:22434 CRL.P No. 3331 of 2025 3. FIR in Crime No.133/2022 was registered by Uppinangadi Police Station, Dakshina Kannada District, against the petitioner herein for the aforesaid offences based on the first information dated 29.12.2022 received from the victim girl who is the daughter of respondent No.2 herein. 4. During the course of investigation of the case, petitioner herein was arrested on 31.12.2022 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the trial Court in Spl.C.No.5020/2023 was rejected on 26.06.2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner is in custody for the last nearly two and half years. Victim girl and her parents have been already examined before the trial Court. Out of the 33 charge - 4 - HC-KAR NC: 2025:KHC:22434 CRL.P No. 3331 of 2025 sheet witnesses, only 4 charge witnesses have been examined till date. Petitioner has no criminal antecedents. Accordingly, she prays to allow this petition. 6. Per contra, learned HCGP has opposed the petitioner. He submits that victim girl has made allegation against the petitioner in her statement recorded under Section 164 of Cr.PC and she has also supported the case of the prosecution during course of her deposition. Accordingly, he prays to dismiss this petition. 7. FIR has been registered against the petitioner in the present case based on the first information received from the victim girl on 29.12.2022. In the first information, it is alleged that petitioner who was acquainted to the victim girl had forcibly taken her on 29.12.2022 to a hill in their village and had committed sexual intercourse with her against her wishes and when she resisted his act, he allegedly criminally intimidated her and thereafter, left the place. - 5 - HC-KAR NC: 2025:KHC:22434 CRL.P No. 3331 of 2025 8. Petitioner aged about 22 years was arrested in the present case on 31.12.2022. Undisputedly, he has no criminal antecedents. Before the trial Court victim girl has been examined as P.W-1 and her parents are also examined. Out of the 33 charge sheet witnesses, till date only 4 charge sheet witnesses have been examined. 9. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19, the Hon'ble Apex Court has observed as follows: "19. If the State or any prosecuting agency including the Court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies - 6 - HC-KAR NC: 2025:KHC:22434 CRL.P No. 3331 of 2025 irrespective of the nature of the crime." 10. Petitioner is in custody in the present case for the last nearly two and half years. Since all the material charge sheet witnesses are examined, there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. Considering the fact that only 4 charge sheet witnesses have been examined as on this date out of the 33 charge sheet witnesses cited in the present case, the chances of the trial being completed and the case being disposed of on merits in the near future is very remote. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 7 - HC-KAR NC: 2025:KHC:22434 CRL.P No. 3331 of 2025 The petitioner is directed to be enlarged on bail in Spl.C.No.5020/2023 pending before the Court of V Additional District and Sessions Judge and Special Judge, Dakshina Kannada, Mangaluru sitting at Puttur, arising out of Crime No.133/2022 registered by Uppinangadi Police Station, Dakshina Kannada District, for offences punishable under Sections 376(3), 506 of IPC and Section 4(2) of the POCSO Act, 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 8 - HC-KAR NC: 2025:KHC:22434 CRL.P No. 3331 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 KVR List No.: 1 Sl No.: 26