- 1 - NC: 2025:KHC:12295 CRL.P No. 3200 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. 3200 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: RAJASHEKHARA @RAJA @ RAJESHA @ RAJASHEKHARA. Y S/O YARISWAMY AGED ABOUT 25 YEARS COOLIE, R/O NMS BADAVANE, MOLAKALMURU TOWN AND TALUK CHITRADURGA DIST., PIN-577 535 …PETITIONER (BY SRI. NAVEEN H. M., ADVOCATE) AND: 1. STATE OF KARNATAKA MOLAKALMURU POLICE REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA, BENGALURU - 560001. 2. *** …RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP FOR R1, NOTICE TO R2 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 RELEASE HIM ON BAIL IN CRIME NO.80/2024 OF RESPONDENT MOLAKALMURU POLICE Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:12295 CRL.P No. 3200 of 2025 REGISTERED FOR O/P/U/S 363, 376(2)(N) OF IPC 4, 6, 8, 12 OF POCSO ACT,2012 AND SECTION 9 OF CHILD MARRIAGE ACT,2006 AND ALSO SPL. CASE NO.130/2024, WHICH IS PENDING BEFORE HON'BLE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE COURT AT CHITRADURGA ON SUCH TERMS AND CONDITIONS IN THE ABOVE CASE. THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C.(POCSO)No.130/2024 pending before the Court of II Additional District and Sessions Judge and Special Judge, Chitradurga, arising out of Crime No.80/2024 registered by Molakalmuru Police Station, Chitradurga, for offences punishable under Sections 363, 376(2)(n) of the Indian Penal Code (for short, 'IPC'), Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Section 9 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 High Court Government Pleader for respondent No.1. - 3 - NC: 2025:KHC:12295 CRL.P No. 3200 of 2025 Respondent No.2 though served in this matter, has remained unrepresented before this Court. 3. FIR in Crime No.80/2024 was registered by Molakalmuru Police Station, Chitradurga against the petitioner initially for offence punishable under Sections 363 of IPC, on the basis of the first information dated 16.06.2024 received from respondent No.2 who is the father of the victim girl aged about 16 years. 4. During the course of investigation of the case, petitioner was arrested on 18.07.2024 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 Spl.C.(POCSO)No.130/2024 before the Jurisdictional Sessions Court was rejected on 18.12.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that, victim girl has been examined before the Trial Court as PW-1 and she has not supported the case of the prosecution. - 4 - NC: 2025:KHC:12295 CRL.P No. 3200 of 2025 Petitioner has no other criminal antecedents. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. 7. Petitioner aged about 25 years having no criminal antecedents is in custody from 18.07.2024. Investigation of the case is completed and the charge sheet has been filed. Before the Trial Court, the victim girl aged about 17 years was examined as PW-1 on 12.03.2025. Victim has not supported the case of prosecution and therefore, she was treated as a hostile witness and cross examined by the prosecution. Nothing material has been elicited from the mouth of PW-1, which is incriminating against the petitioner. It is not in dispute petitioner has no other criminal antecedents. Material charge sheet witness is already examined. Therefore, there cannot be any apprehension by the prosecution that petitioner may tamper material charge sheet witness. 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:- - 5 - NC: 2025:KHC:12295 CRL.P No. 3200 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.80/2024 registered by Molakalmuru Police Station, Chitradurga, for offences punishable under Sections 363, 376(2)(n) of IPC, Sections 4, 6, 8 and 12 of POCSO Act and Section 9 of PCMA, 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; 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 - 6 - NC: 2025:KHC:12295 CRL.P No. 3200 of 2025 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 79